Document Info

DocketNumber: 07-18-00245-CR

Filed Date: 10/16/2018

Status: Precedential

Modified Date: 10/17/2018

  •                                       In The
    Court of Appeals
    Seventh District of Texas at Amarillo
    ________________________
    Nos. 07-18-00244-CR
    07-18-00245-CR
    ________________________
    JOEL FLOYD, APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    On Appeal from the 108th District Court
    Potter County, Texas
    Trial Court Nos. 71,537-E & 71,538-E; Honorable Douglas R. Woodburn, Presiding
    October 16, 2018
    MEMORANDUM OPINION
    Before QUINN, C.J., and PIRTLE and PARKER, JJ.
    Appellant, Joel Floyd, proceeding pro se, appeals his convictions for aggravated
    sexual assault of a child1 and indecency with a child by sexual contact.2 The trial court
    1   TEX. PENAL CODE ANN. § 22.021(a)(1), (2)(B) (West Supp. 2018).
    2   TEX. PENAL CODE ANN. § 21.11(a)(1) (West Supp. 2018).
    sentenced Appellant to five years confinement for aggravated sexual assault of a child,
    suspended in favor of community supervision for five years, and two years confinement
    for indecency with a child, suspended in favor of community supervision for two years.
    We dismiss the appeals for want of prosecution.
    The clerk’s record and reporter’s record were originally due July 23, 2018, but were
    not filed because Appellant did not make acceptable payment arrangements. See TEX.
    R. APP. P. 35.3(a)(2), (b)(3). On August 24, 2018, we remanded the causes to the trial
    court to determine, among other things, whether Appellant still desired to prosecute the
    appeals and whether he was entitled to have the clerk’s record and reporter’s record
    furnished without charge. The trial court scheduled a hearing for September 12, 2018.
    Although the trial court provided notice of the hearing to Appellant, he did not appear.
    Thus, the trial court considered Appellant’s previously filed financial information sheet and
    concluded that Appellant was not entitled to a free copy of the appellate record. The trial
    court issued findings of fact and conclusions of law and the appeals were reinstated on
    our docket.
    By letter of September 19, 2018, we again directed Appellant to make acceptable
    payment arrangements for the clerk’s record and reporter’s record. We advised him that
    failure to comply by October 3, 2018, would result in dismissal of the appeals 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 failure to make payment
    arrangements, 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,
    2
    No. 07-11-00302-CR, 2012 Tex. App. LEXIS 334, at *2 (Tex. App.—Amarillo Jan. 13,
    2012, no pet.) (per curiam) (mem. op., not designated for publication).
    To date, Appellant has not paid for the clerk’s record or reporter’s record. Having
    given Appellant a reasonable opportunity to cure this omission, we dismiss the appeals
    for want of prosecution. TEX. R. APP. P. 37.3(b).
    Per Curiam
    Do not publish.
    3