OPINION
This is an appeal from a conviction of driving while intoxicated. Trial was to the court. Punishment was assessed at two years in the Texas Department of Corrections and a fine of $750.00. The confinement was probated. The appellant was represented at trial and on appeal by retained counsel.
The record is before us without a transcription of the court reporter's notes or any bills of exception. A designation specifying matters for inclusion in the appellate record was timely filed. Art. 40.09(2) TEX CODE CRIM.PROC.ANN. (Vernon Supp. 1982-83). The matters so designated appear in the transcript.
Appellant's counsel was notified of the completion of the record, and the record was approved without a hearing. Counsel was informed of the approval of the record. He was advised of the submission of the appeal in this Court in accordance with Tex.Cr.App.R. 204.
Appellant has not filed a brief in this Court as prescribed by Art. 40.09(9) TEX CODE CRIM.PROC.ANN. (Vernon Supp. 1982-83). Therefore, nothing but the transcript is presented for review. Zamora v. State, 568 S.W.2d 355 (Tex.Cr.App. 1978).Robinson v. State, 661 S.W.2d 279 (Tex.App. — Corpus Christi, 1983). We have accordingly reviewed the record for fundamental error and find none. The judgment of the trial court is affirmed.