Michael McCardell v. The State of Texas--Appeal from 198th Judicial District Court of Kimble County
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i i i i i i MEMORANDUM OPINION No. 04-08-00706-CR Michael McCARDELL, Appellant v. The STATE of Texas, Appellee From the 198th Judicial District Court, Kimble County, Texas Trial Court No. 07-1623 Honorable Emil Karl Prohl, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Steven C. Hilbig, Justice Delivered and Filed: December 23, 2008 DISMISSED Michael McCardell filed a notice of appeal from the trial court s judgment. The clerk s record was due September 19, 2008, but was not filed. See TEX . R. APP . P. 35.2. The Kimble County District Clerk responded to our notice that the record was late by stating the record was not filed because McCardell had not paid or made arrangements to pay the clerk s fee to prepare the record and is not entitled to appeal without paying the fee. On November 14, 2008, we ordered McCardell 04-08-00706-CR to provide written proof to this court on or before December 1, 2008 that either (1) the clerk s fee has been paid or arrangements had been made to pay the clerk s fee; or (2) he is entitled to appeal without paying the clerk s fee. We cautioned appellant that if he failed to respond within the time provided, his appeal would be dismissed for want of prosecution. See TEX . R. APP . P. 37.3(b). McCardell has not filed a response and the clerk s record has not been filed. We therefore order this appeal dismissed for want of prosecution. PER CURIAM Do not publish -2-
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