Robert Blair v. The State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-98-320-CR

ROBERT BLAIR,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 26,715

MEMORANDUM OPINION

A jury convicted Appellant Robert Blair of possession of less than one gram of a controlled substance. See Tex. Health & Safety Code Ann. 481.115(b) (Vernon Supp. 1999). The jury sentenced him to two years imprisonment in a state jail facility. Blair timely filed a pro se // notice of appeal on September 29, 1998. He posted a $500 cash appeal bond on October 1.

The record was due on November 30. See Tex. R. App. P. 35.2(a). On December 17, the Court received notice from the district clerk that the clerk s record has not been filed because Blair has not paid or made arrangements to pay the clerk s fee for preparing the record. Appellate Rule 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk s fee for preparation of the record, the Court may:

dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Id. 37.3(b).

More than thirty days have passed since the clerk s record was due. We notified Blair of this defect by letter on December 22. Id. 37.3(b), 42.3, 44.3. He has not responded to our letter showing he has paid or made arrangements to pay the clerk s fee. Id. 20.1, 37.3(b), 42.3. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b).

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed January 20, 1999

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