Daniel Lee Gerth v. State

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00135-CR
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DANIEL LEE GERTH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 336th Judicial District Court
Fannin County, Texas
Trial Court No. 21169
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Daniel Lee Gerth appeals from his conviction for the offense of driving while intoxicated,
with a child passenger. He was sentenced to two years' confinement in a state-jail facility. That
sentence was suspended, and Gerth was placed on four years' community supervision. He was also
assessed a fine of $1,500.00.
Gerth's notice of appeal was filed July 16, 2007. The clerk's record was filed November 26,
2007. The reporter's record was due November 13, 2007, and has not been filed. Gerth is not
indigent. Therefore, he is responsible for paying for, or making arrangements to pay for, preparation
of the appellate record. See TEX . R. APP . P. 35.3(a), (b).
On January 9, 2008, we mailed a letter to Gerth's retained counsel, stating that, if we did not
receive information showing that Gerth was making a substantial and tangible effort to prosecute the
appeal by showing either a reasonable attempt to obtain a reporter's record or by filing a brief based
solely on the clerk's record within ten days of the letter, we would dismiss the appeal for want of
prosecution. Gerth has not contacted this Court.
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Accordingly, we dismiss this appeal for want of prosecution. See TEX . R. APP . P.
42.3(b), (c); Rodriguez v. State, 970 S.W.2d 133 (Tex. App.—Amarillo 1998, pet. ref'd).
Bailey C. Moseley
Justice
Date Submitted: January 30, 2008
Date Decided: January 31, 2008
Do Not Publish
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