Niteroi D. Thomas v. The State of Texas Appeal from 21st District Court of Lee County (memorandum opinion per curiam)
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Opinion issued October 15, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00380-CR ——————————— NITEROI D. THOMAS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 21st District Court Lee County, Texas Trial Court Case No. 8047 MEMORANDUM OPINION Appellant, Niteroi D. Thomas, has neither established indigence, nor paid, or made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R. APP. P. 20.2 (listing requirements for establishing indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. APP. P. 37.3(b); Sutherland v. State, 132 S.W.3d 510, 512 (Tex. App.—Houston [1st Dist.] 2004, no pet.) (dismissing criminal appeal for want of prosecution based on appellant’s failure to pay for clerk’s record). We dismiss all pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle. Do not publish. TEX. R. APP. P. 47.2(b). 2
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