TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-09-00591-CR
Rick Renfro, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW OF BURNET COUNTY
NO. M24975, HONORABLE W. R. SAVAGE, JUDGE PRESIDING
PER CURIAM
Rick Renfro seeks to appeal his conviction for failure to wear a seat belt. The county court assessed a $50 fine and $216 in court costs. Renfro has failed to pay or make arrangements to pay the $19 fee requested for preparation of the record, claiming that he is indigent. After a hearing, the trial court determined that Renfro is not indigent. No record of the trial on the merits has been filed, and there is no indication that Renfro has paid, made arrangements to pay, or intends to pay for the record of the trial on the merits. Renfro stated in a letter file-stamped by this Court on March 22, 2010, that he is "unable to pay for the records." Although there is no record on which to assess an appeal of the merits, the reporter's record of the indigency hearing has been filed with this Court.
On or before May 14, 2010, Renfro may file a brief challenging the determination that he is not indigent. The scope of this brief shall not exceed issues relevant to the indigency determination. If Renfro fails to file a brief challenging the indigency determination, this appeal will be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). If Renfro files a brief challenging the indigency determination, the State shall file a responsive brief on or before the thirtieth day after Renfro's brief is filed. This Court will then assess the arguments and record concerning the determination that Renfro is not indigent.
Ordered April 9, 2010.
Before Chief Justice Jones, Justices Pemberton and Waldrop
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