NO. 12-04-00351-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
CLIFTON HALLIBURTON, § APPEAL FROM THE 7TH
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
THE STATE OF TEXAS,
APPELLEE § SMITH 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, 2004, and the clerk’s record was originally due on December 7, 2004. On December 9, 2004, this Court notified the trial court clerk that the clerk’s record was past due and extended the filing deadline until January 6, 2005. On December 10, 2004, the clerk notified this Court in writing 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 December 15, 2004, this court informed Appellant that, pursuant to Texas 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 December 27, 2004.
On December 27, 2004, Appellant, through his counsel, notified this Court that it is Appellant’s position that he is indigent and would make application for payment of the record. On January 10, 2005, the trial court clerk again notified this Court 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.
Because Appellant has neither provided proof of full payment or otherwise responded to this Court’s notice, the appeal is dismissed. Tex. R. App. P. 37.3(b), 42.3(c).
Opinion delivered January 12, 2005.
Panel consisted of Worthen, C.J., Griffith, J. and DeVasto, J.
(DO NOT PUBLISH)