MEMORANDUM OPINION
No. 04-11-00469-CV
Rochelle ACEVEDO,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 11, Bexar County, Texas
Trial Court No. 363,088
Honorable Jason Pulliam, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: August 17, 2011
DISMISSED FOR WANT OF PROSECUTION
On July 21, 2011, we notified appellant that the trial court clerk had filed a notification of
late clerk’s record stating that the clerk’s record had not been filed because (1) appellant had
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, therefore, ordered appellant to
provide written proof to this court on or before August 1, 2011, that either (1) the clerk’s fee had
been paid or arrangements had been made to pay the clerk’s fee; or (2) appellant is entitled to
04-11-00469-CV
appeal without paying the clerk’s fee. We warned that if appellant failed to respond within the
time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P.
37.3(b).
Appellant filed an untimely response to our July 21, 2011 order on August 5, 2011.
However, the response does not establish either that the clerk’s fee for preparation of the
appellate record has been paid or that appellant is entitled to appeal without paying the clerk’s
fee. Therefore, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b),
42.3(c). Costs of this appeal are taxed against appellant. See id. 43.4.
PER CURIAM
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