Terry Shawn Linville v. State ( 2013 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00243-CR
TERRY SHAWN LINVILLE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 2
Johnson County, Texas
Trial Court No. M201101154
MEMORANDUM OPINION
Appellant, Terry Shawn Linville, who is not indigent and has retained counsel,
appeals from his conviction for cruelty to livestock animals. On July 23, 2012, Linville
filed with this Court a docketing statement, wherein he noted, among other things, that
he has not paid or made arrangements to pay for the Clerk’s Record.
On November 13, 2012, we informed Linville that if he “desires to proceed with
this appeal, he must pay or make arrangements to pay the clerk’s fee and notify this
Court of the actions taken within 21 days after the date of this letter.” We further
notified Linville that a failure to pay or make arrangements to pay the clerk’s fee within
twenty-one days of our November 13, 2012 letter will result in his appeal being
dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Since filing his docketing
statement, Linville has had no contact with this Court.
Our review of the limited record reveals that Linville has completely failed in his
duty to prosecute this appeal, to contact this Court, and to take any further action
toward prosecuting this appeal. Accordingly, we conclude that Linville does not desire
to prosecute this appeal. As such, we dismiss this appeal, under our inherent authority,
for want of prosecution.1 See id.; Ealy v. State, 222 S.W.3d 744, 745 (Tex. App.—Waco
2007, no pet.) (citing Peralta v. State, 82 S.W.3d 724, 725-26 (Tex. App.—Waco 2002, no
pet.)); see also Evans v. State, No. 10-09-00251-CR, 2010 Tex. App. LEXIS 546, at *3 (Tex.
App.—Waco Jan. 27, 2010, no pet.) (mem. op., not designated for publication).
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed January 31, 2013
Do not publish
[CR25]
1 All other pending motions are dismissed as moot.
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