Hernan Velazquez-Mazariegos v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00191-CR
___________________________
HERNAN VELAZQUEZ-MAZARIEGOS, Appellant
V.
THE STATE OF TEXAS
On Appeal from County Criminal Court No. 5
Denton County, Texas
Trial Court No. CR-2017-03236-E
Before Gabriel, Kerr, and Birdwell, JJ.
Memorandum Opinion by Justice Gabriel
MEMORANDUM OPINION
Hernan Velazquez-Mazariegos, who has retained counsel, filed a notice of
appeal stating his intent to appeal from his conviction for driving while intoxicated,
his second conviction for that offense. See Tex. Penal Code Ann. § 49.04, .09(a).
Based on the date the trial court imposed Velazquez-Mazariegos’s sentence of
75 days’ confinement, the appellate record was due in this court by July 15, 2019.
Tex. R. App. P. 35.2(a). On July 10, 2019, the county clerk notified this court that
because Velazquez-Mazariegos had failed to pay or make arrangements to pay for the
preparation of the clerk’s record, the clerk’s record would not be filed on time. See
Tex. R. App. P. 35.3(a).
By letter dated July 11, 2019, we notified Velazquez-Mazariegos of the county
clerk’s notice and informed him that unless he made arrangements to pay for the
clerk’s record by July 22, 2019, and provided this court with proof of payment, we
would dismiss this appeal for want of prosecution. See Tex. R. App. P. 37.3(b). On
July 23, 2019, the county clerk informed us that Velazquez-Mazariegos had still not
made arrangements to pay for the preparation of the clerk’s record. Likewise, this
court has not received any response from Velazquez-Mazariegos.
Accordingly, because Velazquez-Mazariegos, 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 prosecution. See Tex. R. App. P. 37.3(b), 43.2(f).
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/s/ Lee Gabriel
Lee Gabriel
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: August 22, 2019
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