Cedric Stokes v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 9, 2023
• Docket: 02-22-00185-CR
• Status: Published

Opinion

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

No. 02-22-00185-CR ___________________________

CEDRIC STOKES, Appellant

V.

THE STATE OF TEXAS

On Appeal from County Criminal Court No. 1 Denton County, Texas Trial Court No. CR-2019-04275-A

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Appellant Cedric Stokes filed his notice of appeal on August 17, 2022. On

October 24, 2022, we notified Stokes that the trial court clerk responsible for

preparing the record in this appeal had informed this court that payment

arrangements had not been made for the clerk’s record. See Tex. R. App. P. 35.3(a)(2).

We stated that we would dismiss this appeal for want of prosecution unless Stokes

made arrangements to pay for the clerk’s record and provided this court with proof of

payment by November 3, 2022. See Tex. R. App. P. 37.3(b). We received no proof of

payment.

Because Stokes’s retained trial counsel had previously responded to this court’s

correspondence and stated that he would reach out to his client regarding payment for

the clerk’s record, we sent another letter to Stokes on December 6, 2022. We stated

that we would dismiss this appeal for want of prosecution unless Stokes made

arrangements to pay for the clerk’s record and provided this court with proof of

payment by December 16, 2022. See id. We received no proof of payment and no

further communication from Stokes’s retained trial counsel.

Because Stokes has not made payment arrangements for the clerk’s record, we

now dismiss this appeal for want of prosecution. See id.; Tex. R. App. P. 43.2(f);

Ex parte Blakely, No. 02-18-00048-CR, 2018 WL 3153477, at *1 (Tex. App.—Fort

Worth June 28, 2018, no pet.) (per curiam) (mem. op.).

Per Curiam

2 Do Not Publish Tex.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

Delivered: February 9, 2023