Kyle Robert Witty v. State

 

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00148-CR

 

Kyle Robert Witty,

                                                                                    Appellant

 v.

 

The State of Texas,

                                                                                    Appellee

 

 

 


From the County Court at Law No. 1

Johnson County, Texas

Trial Court No. M200703101

 

MEMORANDUM  Opinion

 


            The Clerk of this Court notified the appellant that the clerk’s record was overdue in this cause and that the appeal may be dismissed for want of prosecution if the appellant did not make the necessary arrangements for the filing of the clerk’s record.[1]  See Tex. R. App. P. 37.3(b), 44.3.  The Court has received no response.  Accordingly, the appeal is dismissed for want of prosecution.  Id.

                                                                                    PER CURIAM

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Appeal dismissed

Opinion delivered and filed August 27, 2008

Do not publish

[CR25]



[1]               According to the docketing statement, the appellant is represented by retained counsel and did not file an indigence affidavit with the trial court.  Thus, there is no indication that he is entitled to a free record.  See Tex. R. App. P. 37.3(b).