TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 455705, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING
A jury found appellant guilty of driving while intoxicated. Tex. Penal Code Ann. § 49.04 (West 1994 & Supp. 1998). The county court at law assessed punishment at incarceration for 180 days and a $300 fine.
There is no reporter's record. Appellant was represented by appointed counsel at trial but has retained counsel on appeal. The clerk's record does not contain a request for a free record. See Tex. R. App. P. 20.2. Appellant did not pay for the reporter's record. In lieu of a brief, appellant's counsel submitted a letter stating that appellant was determined to be no longer indigent following a hearing, that appellant has abandoned the appeal, and that appellant's whereabouts are unknown. Counsel states that no error is reflected by the current record.
We have reviewed the clerk's record and find no fundamental error. See Tex. R. App. P. 37.3(c). The judgment of conviction is affirmed.
Before Justices Powers, Aboussie and B. A. Smith
Affirmed
Filed: December 4, 1997
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