Ofelia D. Garcia v. Carlos Alfredo Cerda and Eliseo Cerda, Jr. ( 2012 )

NO. 07-12-00253-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 27, 2012
DOUGLAS MARK WEST, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE COUNTY COURT AT LAW NO 2 OF POTTER COUNTY;
NO. 133599-2; HONORABLE PAMELA COOK SIRMON, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant Douglas Mark West, appearing pro se, filed a notice of appeal on June
20, 2012, appealing his conviction for reckless driving. 1 According to the information
report filed by the county clerk, appellant was not declared indigent.
By letter of July 18, we notified appellant that compliance with appellate rule 20.2
was necessary if he believed himself indigent and entitled to a free record on appeal.
On August 9, the county clerk filed a status report seeking an extension of time to file
the clerk’s record because appellant had not paid or made arrangements to pay for the
1
Tex. Transp. Code Ann. § 545.401(a) (West 2011).
clerk’s record. The same day, we directed appellant by letter to make acceptable
payment arrangements with the county clerk by August 20. On August 21, the county
clerk filed a status report indicating appellant still had not paid or made arrangements to
pay for the clerk’s record. The report also stated the clerk had sent appellant a copy of
the extension request. Citing appellate rule 37.3(b), we notified appellant by letter of
August 23 that if the clerk’s record was not filed by September 13 due to his fault, the
appeal would be dismissed for want of prosecution without further notice. On
September 14, the county clerk filed a status report stating that appellant has not paid
or made arrangements to pay for the clerk’s record, and also stating the clerk has
received no correspondence from appellant.
The record does not show appellant is indigent. Nor has appellant heeded our
direction to pay or make acceptable payment arrangements for preparation of the
clerk’s record on peril of dismissal for failure to respond. Accordingly, the appeal is
dismissed for want of prosecution. Tex. R. App. P. 37.3(b).
James T. Campbell
Justice
Do not publish.
2