Carroll Clary v. State

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In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-05-373 CR

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CARROLL CLARY, Appellant



V.



THE STATE OF TEXAS, Appellee



On Appeal from the County Court at Law No. 2

Jefferson County, Texas

Trial Cause No. 248315



MEMORANDUM OPINION

On October 13, 2005, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why he needed time for filing the record. The appellant did not file a response. It appears that the appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20.2. There being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b).

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice



Opinion Delivered December 7, 2005

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Before McKeithen, C.J., Kreger and Horton, JJ.