Raymond Malone v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00389-CR
___________________________
RAYMOND MALONE, Appellant
V.
THE STATE OF TEXAS
On Appeal from County Criminal Court No. 3
Denton County, Texas
Trial Court No. CR-2017-08064-C
Before Bassel, J.; Sudderth, C.J.; and Womack, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Raymond Malone seeks to appeal his conviction for driving while
intoxicated. See Tex. Penal Code Ann. § 49.04(a). On February 28, 2019, we notified
Appellant, whom the trial court had previously found was no longer indigent, that the
trial court clerk responsible for preparing the clerk’s record had informed this court
that payment arrangements had not been made for the clerk’s record. See Tex. R.
App. P. 35.3(a)(2). We also informed him that we would dismiss this appeal for want
of prosecution unless, by March 11, 2019, he made arrangements to pay for the clerk’s
record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b),
44.3. We received no response.
On April 12, 2019, we again notified Appellant that we would dismiss this
appeal for want of prosecution unless, by April 22, 2019, he made arrangements to
pay for the clerk’s record and provided this court with proof of payment. We
received no response.
Similarly, on May 22, 2019, we notified Appellant that we would dismiss this
appeal for want of prosecution unless, by June 3, 2019, he made arrangements to pay
for the clerk’s record and provided this court with proof of payment. We received no
response.
Because Appellant, who does not appear to be indigent, has not made
arrangements to pay for the clerk’s record, we dismiss this appeal for want of
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prosecution. See Tex. R. App. P. 37.3(b), 43.2(f); Sutherland v. State, 132 S.W.3d 510,
512 (Tex. App.—Houston [1st Dist.] 2004, no pet.).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: July 25, 2019
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