Sahishnu Shanmugam v. The State of TexasAppeal from County Court at Law No. 5 of Collin County (memorandum opinion )
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DISMISS; and Opinion Filed November 5, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00842-CR SAHISHNU SHANMUGAM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 5 Collin County, Texas Trial Court Cause No. 005-83471-2012 MEMORANDUM OPINION Before Justices Moseley, Lang, and Brown Opinion by Justice Brown Sahishnu Shanmugam was convicted of driving while intoxicated, second offense. Punishment was assessed at 300 days confinement in jail, probated for eighteen months, and an $800 fine. When the clerk s and reporter s records were not filed, we ordered the trial court to conduct a hearing on the status of the records. We adopted the findings that appellant, who filed a pro se notice of appeal, did not appear for the hearing, is not indigent, and has not paid for the record. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b) (clerk s record not filed due to appellant s fault). Do Not Publish TEX. R. APP. P. 47 130842F.U05 /Ada Brown/ ADA BROWN JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SAHISHNU SHANMUGAM, Appellant No. 05-13-00842-CR On Appeal from the County Court at Law No. 5, Collin County, Texas Trial Court Cause No. 005-83471-2012. Opinion delivered by Justice Brown, Justices Moseley and Lang participating. V. THE STATE OF TEXAS, Appellee Based on the Court s opinion of this date, we DISMISS the appeal for want of prosecution. Judgment entered this 5th day of November, 2013. /Ada Brown/ ADA BROWN JUSTICE 2
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