Earnest Dewayne Clayton v. the State of Texas

Opinion

Order entered July 16, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00329-CR

EARNEST DEWAYNE CLAYTON, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1 Rockwall County, Texas

Trial Court Cause No. CR17-2027

ORDER

Appellant was convicted on April 20, 2021 and filed his notice of appeal on May 3, 2021. The appellate record was due on June 19, 2021. Although the clerk’s record was filed, the reporter’s record has not been filed. Court reporter Deborah Hamon informed the Court by letter dated June 18, 2021 that appellant is not indigent and no arrangements to pay for the reporter’s record have been made. On June 21, 2021, we notified appellant and instructed him to provide written verification that he had paid or made arrangements to pay for the reporter’s record within ten days of the date of the letter. We cautioned appellant that the failure to do so would result in the appeal being submitted without a reporter’s record. To date, appellant has not complied with the Court’s instructions, and he has failed to otherwise communicate with the Court regarding the appeal.

Therefore, we ORDER this appeal submitted without a reporter’s record.

See TEX. R. APP. P. 37.3(c). Appellant’s brief is due by August 16, 2021.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE