Alrencia Durance Black v. The State of Texas--Appeal from 124th District Court of Gregg County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00023-CR
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ALRENCIA DURANE BLACK, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 29057-B
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Alrencia Durane Black has appealed from his conviction for the offense of possession of cocaine, less than one gram. Sentence was imposed April 24, 2002, and a notice of appeal was filed July 8, 2002. Black is represented by retained counsel and is not appealing as an indigent; thus, he is responsible for paying for the preparation of the appellate record. The record was originally due 120 days after the date sentence was imposed, August 22, 2002.

The clerk's record was late-filed January 30, 2003. Our clerk's office has contacted the court reporter, who has informed the Court the reporter's record has not been prepared or filed because the party has not paid the reporter's fee and has not made satisfactory arrangements to pay those fees as required by Tex. R. App. P. 35.3(b), (c).

On April 17, 2003, we ordered Black to provide either a reporter's record or information reflecting an adequate effort to obtain the reporter's record. We warned Black we would dismiss his appeal if he did not provide such information or file his appellate brief by May 5, 2003. See Stavinoha v. State, 82 S.W.3d 690 (Tex. App.-Waco 2002, no pet. h.); Bush v. State, 80 S.W.3d 199 (Tex. App.-Waco 2002, no pet. h.); see also McDaniel v. State, 75 S.W.3d 605 (Tex. App.-Texarkana 2002, no pet.); Rodriguez v. State, 970 S.W.2d 133, 135 (Tex. App.-Amarillo 1998, pet. ref'd). Black has submitted no such information.

 

Accordingly, we dismiss this appeal for want of prosecution.

Donald R. Ross

Justice

 

Date Submitted: May 13, 2003

Date Decided: May 14, 2003

 

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