Rohit Polavarapu v. State ( 2019 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-19-00229-CR
________________________
ROHIT POLAVARAPU, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Criminal Court Number Nine
Tarrant County, Texas
Trial Court No. 1573689; Honorable Brent A. Carr, Presiding
December 10, 2019
ORDER
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant, Rohit Polavarapu, proceeding pro se, appeals his conviction for driving
while intoxicated1 and sentence to ninety days confinement, suspended in favor of
community supervision for eighteen months. We remanded this to cause to the trial court
on August 2, 2019, after granting the motion to withdraw of Appellant’s retained counsel.
1 TEX. PENAL CODE ANN. § 49.04 (West Supp. 2019).
On remand, the trial court found that Appellant still desired to prosecute the appeal but
was not indigent. Appellant was, therefore, not entitled to appointed counsel or a free
appellate record.
The appeal was reinstated on our docket. The clerk’s record was subsequently
filed, but the reporter’s record was not. By letter of August 30, 2019, we directed Appellant
to request preparation and make payment arrangements for the reporter’s record by
October 29. Failure to comply by this deadline, we advised, would result in the appeal
being submitted to the court for consideration without the reporter’s record. TEX. R. APP.
P. 37.3(a)(2). Appellant did not comply with our order. Thus, by letter of November 1,
2019, we deemed the reporter’s record filed and set Appellant’s brief due December 2.
Id. at 38.6(a). To date, Appellant has not filed a brief or had any further communication
with this court.
Therefore, we grant, sua sponte, Appellant an extension of time to file his brief.
Appellant’s brief is due on or before January 13, 2020. Should Appellant fail to file a brief
by this deadline, the appeal will be submitted to the court for consideration without the
reporter’s record and without briefing. TEX. R. APP. P. 37.3(a)(2), 38.8(b)(4).
It is so ordered.
Per Curiam
Do not publish.
2