Jeremy Paul Carrell v. State ( 2008 )

IN THE
TENTH COURT OF APPEALS
No. 10-07-00290-CR
JEREMY PAUL CARRELL,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law
Walker County, Texas
Trial Court No. 06-1563
MEMORANDUM OPINION
This appeal was abated because no brief had been filed for Carrell. After
receiving a reporter’s record which contained the trial court’s findings from the hearing
on abatement, the appeal was reinstated.
By letter dated August 26, 2008, the Clerk of this Court warned Carrell that
pursuant to Rule 44.3 of the Texas Rules of Appellate Procedure and our inherent
authority, the appeal may be dismissed for want of prosecution because the trial court
found that Carrell had intentionally delayed the timely disposition of the appeal and
recommended that the appeal be dismissed. See TEX. R. APP. P. 44.3; Ealy v. State, 222
S.W.3d 744 (Tex. App.—Waco 2007, no pet.); Stavinoha v. State, 82 S.W.3d 690 (Tex.
App.—Waco 2002, no pet.). The Clerk further warned Carrell that the Court would
dismiss the appeal unless, within 21 days from the date of the letter, a response was
filed showing grounds why the appeal should not be dismissed as the trial court
recommended. More than 21 days have passed and no response has been filed.
Accordingly, this appeal is dismissed, under our inherent authority, for want of
prosecution.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed October 8, 2008
Do not publish
[CR25]
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