Michael Edward Strickland v. State

IN THE
TENTH COURT OF APPEALS
No. 10-14-00406-CR
No. 10-14-00407-CR
MICHAEL EDWARD STRICKLAND,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 82nd District Court
Falls County, Texas
Trial Court Nos. 8032 and 8033
MEMORANDUM OPINION
Michael Edward Strickland was convicted for two charges of Indecency with a
Child. See TEX. PENAL CODE ANN. § 21.11 (West 2011). He now appeals the denial of his
motion for DNA testing filed in each of those convictions.
Strickland’s briefs in these appeals were due to be filed in this Court on or before
May 26, 2015. To date, no briefs have been filed. By letter dated June 3, 2015, the Clerk
of this Court notified Strickland that his briefs were past due and warned him that
unless briefs or satisfactory responses were received within 14 days from the date of the
letter, the Court would conclude these appeals were not taken with the intention of
pursuing them to completion but instead taken for the purpose of delay and would
dismiss the appeals without further notice, under the Court’s inherent authority, for
want of prosecution. More than 14 days have passed and Strickland has not filed his
briefs or any other response.
Accordingly, we conclude Strickland’s appeals of the denials of his motions for
DNA testing were not taken with the intention of pursuing them to completion but
instead taken for the purpose of delay and dismiss these appeals, under the Court’s
inherent authority, for want of prosecution. See Ealy v. State, 222 S.W.3d 744, 745 (Tex.
App.—Waco 2007, no pet.); Peralta v. State, 82 S.W.3d 724 (Tex. App.—Waco 2002, no
pet.); Stavinoha v. State, 82 S.W.3d 690 (Tex. App.—Waco 2002, no pet.).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeals dismissed
Opinion delivered and filed June 25, 2015
Do not publish
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