Raymond Whitmier v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-08-00421-CR

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RAYMOND WHITMIER, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the County Court at Law No. 2

Jefferson County, Texas

Trial Cause No. 262392




MEMORANDUM OPINION

On December 29, 2008, 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 clerk's record. The appellant's attorney filed a motion to request an extension to arrange to pay costs until March 13, 2009, but appellant has apparently made no arrangements to have the costs paid. It appears that the appellant is not entitled to proceed without payment of costs. See 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. See Tex. R. App. P. 37.3(b).

APPEAL DISMISSED.

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HOLLIS HORTON

Justice



Opinion Delivered April 8, 2009

Do Not Publish

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