George A. Giles v. The State of Texas Appeal from County Court at Law No. 7 of Collin County (memorandum opinion)

Annotate this Case
Download PDF
Dismissed and Opinion Filed November 29, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01005-CR GEORGE A. GILES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 7 Collin County, Texas Trial Court Cause No. 007-85204-2015 MEMORANDUM OPINION Before Justices Francis, Stoddart, and Schenck Opinion by Justice Francis George Giles was charged with violating the City of Plano’s code of ordinances by having a fence out of vertical alignment. After the Plano Municipal Court found against appellant, he appealed to County Court at Law No. 7 who affirmed the municipal court’s judgment. Appellant then filed this appeal. On September 28, 2018, the Collin County clerk informed the Court it had notified appellant of the amount of the transcript fee due but that no payment had been received for the clerk’s record. That same day, we notified appellant that the clerk’s record had not been filed due to nonpayment. We instructed appellant to file, by October 12, 2018, written verification that payment or payment arrangements had been made to the trial court clerk for the clerk’s record or written documentation he had been found to be entitled to proceed without payment of costs. We cautioned appellant that the failure to file such documentation might result in the dismissal of the appeal for want of prosecution. To date, no clerk’s record has been filed and appellant has not notified the Court that he has paid or made arrangements to pay for the clerk’s record or otherwise shown that he is entitled to proceed without payment of costs. In light of these facts, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). Do Not Publish TEX. R. APP. P. 47.2(b) 181005F.U05 /Molly Francis/ MOLLY FRANCIS JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GEORGE A. GILES, Appellant No. 05-18-01005-CR On Appeal from the County Court at Law No. 7, Collin County, Texas Trial Court Cause No. 007-85204-2015. Opinion delivered by Justice Francis. Justices Stoddart and Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of prosecution. Judgment entered this 29th day of November, 2018. –3–