Benito Aguilar Garza, Jr. v. State

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00204-CR Benito Aguilar GARZA, Jr., Appellant v. The STATE of Texas, Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 10-05-13044-CR Honorable Richard C. Terrell, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: July 16, 2014 DISMISSED FOR WANT OF PROSECUTION On June 17, 2014, we notified Appellant Benito Aguilar Garza, Jr. that the trial court clerk filed a notification of late clerk’s record stating that the clerk’s record has not been filed because (1) Appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the record, and (2) Appellant is not entitled to appeal without paying the fee. We ordered Appellant to provide written proof to this court on or before June 27, 2014, that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) Appellant is entitled to appeal 04-14-00204-CR without paying the clerk’s fee. We warned Appellant that if he failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). To date, Appellant has not filed any response with this court. We, therefore, dismiss this appeal for want of prosecution. See id. R. 37.3(b). PER CURIAM DO NOT PUBLISH -2-