Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00485-CR
Salvador ZARATE,
Appellant
v.
The STATE of Texas,
Appellee
From the 381st Judicial District Court, Starr County, Texas
Trial Court No. 15-CRS-402
Honorable Jose Luis Garza, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: September 28, 2016
DISMISSED FOR WANT OF PROSECUTION
The clerk’s record was due to be filed in this appeal on September 8, 2016. On September
8, 2016, the trial court clerk filed a notification of late record stating the clerk’s record had not
been filed because appellant had failed to pay or make arrangements to pay the clerk’s fee for
preparing the record and appellant is not entitled to appeal without paying the fee.
On September 9, 2016, appellant was ordered to provide written proof to this court by
September 19, 2016 that either: (1) the clerk’s fee had been paid or arrangements had been made
04-16-00485-CR
to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. 1 The
order stated 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 did not respond to this court’s
order. Accordingly, this appeal is dismissed for want of prosecution. See id.
PER CURIAM
DO NOT PUBLISH
1
The trial court’s certificate of notice of appeal shows that appellant is represented on appeal by a retained attorney.
-2-