Carlton Ray Bush Jr. v. State

• Court: Court of Appeals of Texas
• Decided: June 27, 2013
• Docket: 01-13-00087-CR
• Status: Published

Opinion

Opinion issued June 27, 2013

In The Court of Appeals For The First District of Texas

NO. 01-13-00087-CR

CARLTON RAY BUSH, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1 Montgomery County, Texas Trial Court Cause No. 11-269089

MEMORANDUM OPINION

Appellant, Carlton Ray Bush, Jr., has neither established indigence, nor paid,

or made arrangements to pay, the fee for preparing the clerk=s record. See TEX. R.

APP. P. 20.1 (listing requirements for establishing indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault). After being

notified that this appeal was subject to dismissal, appellant did not adequately

respond.

We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b);

Sutherland v. State, 132 S.W.3d 510, 512 (Tex. App.—Houston [1st Dist.] 2004,

no pet.) (dismissing criminal appeal for want of prosecution based on appellant’s

failure to pay for clerk’s record). We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Brown, and Huddle.