Martin Gomez Arroyo v. The State of Texas--Appeal from 114th District Court of Smith County

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NO. 12-02-00253-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

MARTIN GOMEZ ARROYO,

 
APPEAL FROM THE 114TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

 
SMITH COUNTY, TEXAS
MEMORANDUM OPINION (1)

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(c). Appellant was convicted of engaging in organized criminal activity, and sentence was imposed on May 30, 2002. A motion for new trial was filed on June 28, 2002, which was denied, making the clerk's record due on September 27, 2002. On September 30, 2002, the Smith County District Clerk informed this court that Appellant had failed to pay for the preparation of the clerk's record and had not made any arrangement to pay for the record. The notice of appeal filed in this cause indicates that Appellant is not entitled to appeal without paying the fee. Thus, on October 2, 2002, Appellant was notified that the appeal would be dismissed unless Appellant provided proof of full payment to the clerk on or before October 14, 2002. As of October 17, 2002, Appellant has failed to provide proof of full payment. Accordingly, Appellant's appeal is dismissed for want of prosecution pursuant to Texas Rule of Appellate Procedure 42.3(c).

Opinion delivered October 23, in the Year of our Lord 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 
(DO NOT PUBLISH)

1. See Tex. R. App. P. 47.1.