IN THE
TENTH COURT OF APPEALS
No. 10-04-00270-CR
Ronald Eddie Duncan,
Appellant
v.
The State of Texas,
Appellee
From the County Court at Law No. 3
Montgomery County, Texas
Trial Court No. 03-185426
ORDER
This is not our first effort to obtain Appellant’s compliance to have the clerk’s record necessary for a disposition of this appeal prepared and filed. It may well be our last.
The Court has been provided with a copy of correspondence from the trial court clerk. The letter indicates that the estimated cost for the entire record is $575. Based on hand-written comments on the letter, Appellant appears to have responded to the clerk as follows: “Please send ‘Evidence for Def’s Offer of Proof’ 7-14-2004 A.D. The only other document that I need forwarded to the appellate court is the ‘Waiver of Right to Counsel’ which was presented to me on 7/12/04 A.D.”
We have received the two documents Appellant has specified but we have not received the remainder of the clerk’s record. We will be unable to decide this appeal without the remainder of the clerk’s record. See Tex. R. App. P. 34.5.
Further, there appears to be some confusion about what Appellant wants in the clerk’s record and what he is willing to pay for. The Court understands that Appellant has not paid the amount estimated by the County Clerk for the preparation of the record which would include all the documents necessary to decide this appeal. Again, the amount requested by the clerk was $575.
Appellant is ordered to pay the requested $575, obtain a receipt from the County Clerk’s office, and submit a copy of that receipt to this Court within 30 days from the date of this order. If the copy of the receipt is not timely received by this Court, the appeal will be dismissed. Tex. R. App. P. 37.3(b).
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Order issued and filed September 27, 2006
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