John Preston Blalock v. State ( 1997 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 7 -00 680 -CR John Preston Blalock , Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT OF LIBERTY COUNTY NO. 58000 , HONORABLE CHAP B. CAIN III , JUDGE PRESIDING PER CURIAM John Preston Blalock perfected his appeal from a judgment of conviction for telephone harassment on October 2, 1997. The appeal was transferred to this Court from the Ninth Court of Appeals. No appellate record has been filed. (1) We are advised by the county clerk that Blalock has failed to pay the fee for preparing the clerk's record. See Tex. R. App. P. 35.3(a)(2). We are advised by the court reporter that the reporter's record has not been requested. See Tex. R. App. P. 35.3(b)(2). Blalock is not indigent and represents himself on appeal. He did not respond to this Court's letter inquiring into the status of the appellate record and advising him of the consequences of his failure to file a record. We conclude that the clerk's record has not been filed due to Blalock's fault and that Blalock has been given a reasonable opportunity to cure. See Tex. R. App. P. 37.3(b). We therefore dismiss the appeal for want of prosecution. Before Justices Powers, Aboussie and B. A. Smith Dismissed for Want of Prosecution Filed: December 18, 1997 Do Not Publish 1. A partial clerk's record has been filed. It contains only an order by the trial court finding that Blalock is not indigent.