Bobby Lynn Preston Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 8, 2022
• Docket: 02-22-00157-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-22-00157-CR ___________________________

BOBBY LYNN PRESTON JR., Appellant

V.

THE STATE OF TEXAS

On Appeal from County Criminal Court No. 4 Denton County, Texas Trial Court No. CR-2021-03653-D

Before Bassel, Womack, and Wallach, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellant Bobby Lynn Preston Jr. appeals his conviction for misdemeanor

driving while intoxicated. On October 4, 2022, and October 25, 2022, we notified

Appellant by letter that the trial-court clerk responsible for preparing the record in

this appeal had informed this court that Appellant had made no arrangements to pay

for the clerk’s record as the appellate rules require. See Tex. R. App. P. 35.3(a)(2). In

our notice, we warned that we would dismiss the appeal for want of prosecution

unless, within ten days, Appellant arranged to pay for the clerk’s record and provided

this court with proof of payment. See Tex. R. App. P. 35.3(c), 37.3(b), 44.3.

Appellant has not made payment arrangements for the clerk’s record; thus, we dismiss

his appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b), 43.2(f).

Appellant must pay all costs of this appeal. See Tex. R. App. P. 43.4.

Per Curiam

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: December 8, 2022