NO. 12-04-00095-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
QUILLON BROWN, § APPEAL FROM THE THIRD
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
THE STATE OF TEXAS,
APPELLEE § ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk’s fee for preparing the clerk’s record. Appellant’s sentence was imposed on February 19, 2004, and after extending the time, the clerk’s record was due on May 19, 2004. On May 19, 2004, the clerk notified this Court by letter that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk’s record. On May 26, 2004, this Court informed Appellant that, pursuant to rules of appellate procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before June 7, 2004.
The deadline has now passed, and Appellant has neither provided proof of full payment or otherwise responded to this Court’s notice. Accordingly, the appeal is dismissed. See Tex. R. App. P. 37.3(b); 42.3(c).
Opinion delivered June 23, 2004.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(DO NOT PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JUNE 23, 2004
NO. 12-04-00095-CR
QUILLON BROWN,
Appellant
V.
THE STATE OF TEXAS,
Appellee
Appeal from the Third Judicial District Court
of Anderson County, Texas. (Tr. Ct. No. 25298)
THIS CAUSE came to be heard on the appellate record, and the same being inspected, because it is the opinion of this Court that the appeal should be Dismissed, it is hereby ORDERED, ADJUDGED and DECREED by the court that the appeal be Dismissed in accordance with the opinion of this Court, and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
THE STATE OF TEXAS
M A N D A T E
TO THE THIRD JUDICIAL DISTRICT COURT OF ANDERSON COUNTY, GREETINGS:
Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 23rd day of June, 2004, the cause upon appeal to revise or reverse your judgment between
QUILLON BROWN, Appellant
NO. 12-04-00095-CR and Tr. Ct. Case Number 25298
Opinion by Per Curiam.
THE STATE OF TEXAS, Appellee
was determined; and therein our said Court made its order in these words:
THIS CAUSE came to be heard on the appellate record, and the same being inspected, because it is the opinion of this Court that the appeal should be Dismissed, it is hereby ORDERED, ADJUDGED and DECREED by the court that the appeal be Dismissed in accordance with the opinion of this Court, and that this decision be certified to the court below for observance.
WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.
WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200_.
CATHY S. LUSK, CLERK
By:_______________________________
Deputy Clerk