Kyle Robert Witty v. The State of Texas--Appeal from County Court at Law No 1 of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00148-CR

Kyle Robert Witty,

Appellant

v.

The State of Texas,

Appellee

From the County Court at Law No. 1

Johnson County, Texas

Trial Court No. M200703101

MEMORANDUM Opinion

The Clerk of this Court notified the appellant that the clerk s record was overdue in this cause and that the appeal may be dismissed for want of prosecution if the appellant did not make the necessary arrangements for the filing of the clerk s record.[1] See Tex. R. App. P. 37.3(b), 44.3. The Court has received no response. Accordingly, the appeal is dismissed for want of prosecution. Id.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed August 27, 2008

Do not publish

[CR25]

[1] According to the docketing statement, the appellant is represented by retained counsel and did not file an indigence affidavit with the trial court. Thus, there is no indication that he is entitled to a free record. See Tex. R. App. P. 37.3(b).