Aaron Michael Franks v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-18-00075-CR
AARON MICHAEL FRANKS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court
Deaf Smith County, Texas
Trial Court No. 2017-0010, Honorable D.J. Wagner, Presiding
July 31, 2018
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant Aaron Michael Franks appeals his conviction and sentence for driving
while intoxicated, second offense. The clerk’s record was due April 4, 2018 but was not
filed because appellant failed to make payment arrangements. On May 15, 2018, we
remanded the cause to the trial court to determine, among other things, whether appellant
was entitled to have the appellate record furnished without charge. After a hearing, the
trial court found that appellant was not indigent and, therefore, not entitled to a free
appellate record.
Accordingly, by letter of July 5, 2018, we directed appellant to make acceptable
payment arrangements for the clerk’s record by July 16. Failure to do so, we advised,
would result in dismissal of the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b)
(authorizing dismissal of an appeal for want of prosecution if the clerk’s record is not filed
due to appellant’s fault, provided appellant is not entitled to proceed without payment of
costs and has a reasonable opportunity to cure the omission before dismissal); Coronado
v. State, No. 07-11-00302-CR, 2012 Tex. App. LEXIS 334, at *2 (Tex. App.—Amarillo
Jan. 13, 2012, no pet.) (per curiam) (not designated for publication).
To date, appellant has not made payment arrangements for the clerk’s record.
Having given appellant a reasonable opportunity to cure this failure, the appeal is
dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
Per Curiam
Do not publish.
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