Carl Deaton v. The State of Texas--Appeal from County Court at Law No 3 of Smith County

PER CURIAM HEADING NO. 12-02-00340-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

CARL DEATON,

 
APPEAL FROM THE

APPELLANT

 

V.

 
COUNTY COURT AT LAW NO. 3 OF

THE STATE OF TEXAS,

APPELLEE

 
SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM

This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk's fee for preparing the clerk's record. Appellant's sentence was imposed on November 13, 2002, and the clerk's record, after an extension of the filing deadline, was due on January 12, 2003. On February 3, 2003, the clerk notified this court by letter that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk's record. On February 6, 2003, this court informed Appellant that, pursuant to Tex. R. App. P. 37.3(b) and 44.3, the appeal would be dismissed unless proof of full payment to the clerk was provided on or before February 17, 2003.

As of February 24, 2003, Appellant has neither provided proof of full payment or otherwise responded to this court's notice. Accordingly, the appeal is dismissed.

Opinion delivered February 28, 2003.

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

 
(DO NOT PUBLISH)