Robert Beene Gutierrez v. The State of Texas--Appeal from 207th District Court of Comal County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00787-CR Robert Beene Gutierrez, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2009-331, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING MEMORANDUM OPINION Appellant Robert Beene Gutierrez pleaded guilty to the offense of assault on a public servant. Punishment was assessed at eight years imprisonment and a $2,000 fine, but the district court suspended imposition of the sentence and placed Gutierrez on community supervision for eight years. Gutierrez filed a pro se notice of appeal from the district court s judgment. On January 14, 2011, this Court notified Gutierrez that he had neither paid, nor made arrangements to pay, for the clerk s record. We informed Gutierrez that his appeal may be dismissed for want of prosecution if he did not make arrangements for the record and submit a status report regarding this appeal on or before January 24, 2011. To date, Gutierrez has not responded to this Court s notice, and the clerk s record has not been filed. The only communication we have received is a letter from Gutierrez s wife, forwarded to us from the district clerk s office, and accompanied by what appears to be a power of attorney. In the letter, Gutierrez s wife, writing on her husband s behalf, advises us that Gutierrez would not like to proceed at this time with an appeal for a retrial. We dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). __________________________________________ Bob Pemberton Before Justices Puryear, Pemberton and Rose Dismissed for Want of Prosecution Filed: February 18, 2011 Do Not Publish 2
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