Edward Stribling v. State

PER CURIAM HEADING

NO. 12-03-00365-CR



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS





EDWARD STRIBLING,§ APPEAL FROM THE

APPELLANT



V.§ JUDICIAL DISTRICT COURT OF



THE STATE OF TEXAS,

APPELLEE§ ANGELINA 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 October 8, 2003, and the clerk's record was due on January 7, 2004. On November 18, 2003, 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 January 9, 2004, this court informed Appellant that, pursuant to Tex. R. App. P. 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided to the court on or before January 20, 2004. The time for filing the clerk's record was extended to and including February 9, 2004.

The deadline for Appellant to provide proof of payment has passed, and Appellant has neither provided proof of full payment or otherwise responded to this Court's notice. Accordingly, the appeal is dismissed. Tex. R. App. P. 37.3(b), 42.3(c).

Opinion delivered January 30, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.



(DO NOT PUBLISH)