Heath L. Johnson v. The State of Texas--Appeal from 7th District Court of Smith County

NO. 12-06-00076-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HEATH L. JOHNSON, APPEAL FROM THE 7TH

APPELLANT

V. JUDICIAL DISTRICT COURT 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 February 24, 2006, and after extending the time, the clerk s record was due on April 25, 2006. On April 24, 2006, the clerk notified this Court in writing 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 that same date, this Court informed Appellant that, pursuant to rules of appellate procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before May 4, 2006.

The deadline has now passed, and Appellant has neither provided proof of full payment nor otherwise responded to this Court s notice. Accordingly, the appeal is dismissed. See Tex. R. App. P. 37.3(b); 42.3(c).

Opinion delivered June 7, 2006.

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

(DO NOT PUBLISH)