DANIEL TRAVIS WALKER v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

Daniel Travis Walker appeals his conviction for boating while intoxicated.   The reporter's record was due in this appeal on September 7, 2009.   On October 26, 2009, the Court abated the appeal to allow the trial court to make findings of fact regarding whether appellant had been deprived of the reporter's record because of ineffective counsel, indigence, or for any other reason.   On November 25, 2009, the trial court submitted findings of fact in which it recollected that during the hearing on appellant's motion for new trial, appellant had indicated he did not wish to prosecute this appeal.   Based on its recollection, the trial court found appellant does not desire to prosecute the appeal.   By order dated February 26, 2010, the Court reinstated the appeal and adopted the trial court's finding.

On March 25, 2010, the Court ordered this appeal submitted without briefs.   See Tex.R.App. P. 38.8(b)(4).   Without briefs, no issues are before us.   Finding no fundamental error, we affirm the trial court's judgment.

PER CURIAM