Freddie Lee Wallace v. State

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00357-CR

No. 10-07-00041-CR

Freddie Lee Wallace,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court No. 05-03424-CRF-272

ORDER

            Freddie Lee Wallace was convicted of Aggravated Sexual Assault on July 31, 2006 and sentenced to life in prison.  We dismissed his appeal because his notice of appeal was untimely, almost 5 months late.  Wallace v. State, No. 10-07-00041-CR, 2007 Tex. App. LEXIS 3203 (Tex. App.—Waco April 25, 2007, no pet.) (not designated for publication).  Through a writ of habeas corpus made returnable to the Court of Criminal Appeals, Wallace was granted an out-of-time appeal by the Court of Criminal Appeals, and Wallace has now timely filed a notice of appeal with this Court.

            A clerk’s record was filed in the previous appeal on February 7, 2007.  A supplemental clerk’s record was filed in the previous appeal on April 3, 2007.  Accordingly, to save the trial court clerk time and expense of preparing an additional record, we order the clerk’s record and the clerk’s supplemental record from the previous appeal, number 10-07-00041-CR, moved to and filed in appeal number 10-08-00357-CR.

            Because the reporter’s record and a supplemental clerk’s record were filed November 17, 2008, the record on appeal is complete with the Clerk’s compliance with this order.  Appellant’s brief, therefore, is due 30 days from the date of this order. 

                                                                        PER CURIAM

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Order issued and filed November 26, 2008

Do not publish

cedure 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk’s fee for preparation of the record, the Court may:

dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Tex. R. App. P. 37.3(b).

      The Supreme Court denied Jon’s petition for review of our decision in the indigence appeal on April 11, 2002. After the time passed for the filing of a motion for rehearing in the Supreme Court, we notified Jon by letter dated June 5 that he had ten days to pay the clerk’s fee for preparation of the record or to make arrangements for payment of the clerk’s fee. We warned him that his appeal would be dismissed for want of prosecution if he did not make the necessary arrangements for the filing of the clerk’s record. Id. 37.3(b), 42.3, 44.3. Jon has not responded to our letter. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b).

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed July 3, 2002

Do not publish

[CV06]