Dismiss and Opinion Filed March 19, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00166-CR
EX PARTE RAFAEL H. HERNANDEZ-BLANCO A/K/A
RAFAEL BLANCO-HERNANDEZ
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-82676-08
MEMORANDUM OPINION
Before Chief Justice Wright, Justices Myers and Brown
Opinion by Chief Justice Wright
Rafael Hernandez-Blanco appealed the trial court’s order denying him the relief sought
by his article 11.072 application for writ of habeas corpus. By order dated February 11, 2015,
the Court ordered the Collin County District Clerk to file, within fifteen days, either the clerk’s
record or written verification that appellant, who is represented by retained counsel, has not paid
for the record. We warned appellant that if we received verification of non-payment, we would,
without further notice, dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b).
On February 26, 2015, we received a letter from the Collin County District Clerk stating
appellant has not paid for the record. She included a letter from appellant’s counsel directed to
the District Clerk that appellant no longer desires to pursue the appeal. Although, by letter dated
March 2, 2015, we directed appellant’s counsel to file a motion to dismiss the appeal in this
Court, no such motion has been filed.
Accordingly, pursuant to our order of February 11, 2015, we dismiss the appeal for want
of prosecution. See id.
Do Not Publish
TEX. R. APP. P. 47 /Carolyn Wright/
150166F.U05 CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EX PARTE RAFAEL H. HERNANDEZ- On Appeal from the 401st Judicial District
BLANCO A/K/A RAFAEL BLANCO- Court, Collin County, Texas
HERNANDEZ Trial Court Cause No. 380-82676-08.
Opinion delivered by Chief Justice Wright,
No. 05-15-00166-CR Justices Myers and Brown participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
prosecution.
Judgment entered March 19, 2015.
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