Juan Francisco Herrera-Alfaro v. The State of Texas Appeal from County Criminal Court No. 4 of Denton County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00275-CR JUAN FRANCISCO HERRERAALFARO APPELLANT V. THE STATE OF TEXAS STATE ---------FROM COUNTY CRIMINAL COURT NO. 4 OF DENTON COUNTY TRIAL COURT NO. CR-2015-04968-D ---------- MEMORANDUM OPINION1 ---------Appellant Juan Francisco Herrera-Alfaro seeks to appeal his second conviction for driving while intoxicated. See Tex. Penal Code Ann. §§ 49.04(a), 49.09(a) (West Supp. 2016). On December 8, 2016, we notified Appellant through his retained counsel that the trial court clerk responsible for preparing the clerk’s record had informed this court that payment arrangements had not been 1 See Tex. R. App. P. 47.4. made for the clerk’s record. See Tex. R. App. P. 35.3(a)(2). We also informed him that we would dismiss the appeal for want of prosecution unless, by December 19, 2016, he made arrangements to pay for the clerk’s record and provided this court with proof of payment. See Tex. R. App. 37.3(b), 44.3. We have not received a response. Because Appellant, who does not appear to be indigent, has not made arrangements to pay for the clerk’s record, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 43.2(f); Sutherland v. State, 132 S.W.3d 510, 512 (Tex. App.—Houston [1st Dist.] 2004, no pet.). PER CURIAM PANEL: PITTMAN, J.; LIVINGSTON, C.J.; and WALKER, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: January 19, 2017 2

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