C. J. B. v. State of Texas

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-92-045-CV





C. J. B.,



APPELLANT



vs.





THE STATE OF TEXAS,

APPELLEE









FROM THE COUNTY COURT AT LAW NO. 1 OF BELL COUNTY,

NO. 5614, HONORABLE EDWARD S. JOHNSON, JUDGE





PER CURIAM



This is a dismissal for want of prosecution.

Generally, an appellant must file his brief within thirty days after the filing of the transcript and statement of facts, if any. Tex. R. App. P. Ann. 74(k) (Pamph. 1992). If the appellant fails to file his brief within the prescribed time, the appellate court may dismiss the appeal for want of prosecution, unless the appellant shows a reasonable explanation for failing to file the brief and the appellee has not suffered material injury. Tex. R. App. P. Ann. 74(l)(1). (Pamph. 1992).

The transcript in this cause was filed on January 29, 1992. Accordingly, appellant's brief was due thirty days later, on February 28, 1992. Appellant has not filed his brief. Moreover, appellant has not filed a motion for extension of time showing a reasonable explanation for his omission. See Tex. R. App. P. Ann. 74(n) (Pamph. 1992). Accordingly, we dismiss this appeal for want of prosecution. See Dickson v. Dickson, 541 S.W.2d 895 (Tex. Civ. App. 1976, writ dism'd w.o.j.).





[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed for Want of Prosecution

Filed: April 15, 1992

[Do Not Publish]