Socorro Rodriguez v. The State of Texas--Appeal from County Court at Law No 2 of McLennan County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00108-CR
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SOCORRO RODRIGUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
McLennan County, Texas
Trial Court No. 20063184CR2
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Socorro Rodriguez appeals from her conviction for the misdemeanor offense of following too closely. She was found guilty by a jury which assessed a fine of $200.00. She was sentenced accordingly. Rodriguez is not indigent.

Rodriguez filed her notice of appeal April 9, 2007. The clerk's record was filed June 18, 2007. That record contained no certification of Rodriguez' right of appeal. Unless the record contains a certification showing that a defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). We informed Rodriguez of this defect in a letter dated July 10, 2007, and gave her until August 2, 2007, to supplement the record with the trial court's certification. That certification has not been filed.

Further, the reporter's record was due May 25, 2007. Rodriguez has not contacted the reporter to have that record prepared, nor has Rodriguez filed a docketing statement with this Court. See Tex. R. App. P. 32.2. Rodriguez is representing herself on appeal.

Rodriguez has made no effort to take the steps necessary to prosecute this appeal. In these circumstances, the prosecution of this appeal is Rodriguez' sole responsibility, and the failure to prosecute the appeal is solely attributable to Rodriguez' choices.

Accordingly, we dismiss this appeal for want of prosecution. See Stavinoha v. State, 82 S.W.3d 690, 691 (Tex. App.--Waco 2002, no pet.); Bush v. State, 80 S.W.3d 199, 200 (Tex. App.--Waco 2002, no pet.); see also McDaniel v. State, 75 S.W.3d 605, 605-06 (Tex. App.--Texarkana 2002, no pet.); Rodriguez v. State, 970 S.W.2d 133, 135 (Tex. App.--Amarillo 1998, pet. ref'd).

We dismiss the appeal for want of prosecution.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: August 15, 2007

Date Decided: August 16, 2007

 

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