Elijah White Ratcliff v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-480 CR

ELIJAH WHITE RATCLIFF, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 258th District Court

Polk County, Texas

Trial Cause No. 18,176

MEMORANDUM OPINION

Elijah W. Ratcliff appealed his conviction for insurance fraud and requested a free record. See Tex. R. App. P. 20.2. The trial court denied the request for indigent status after the appellant refused to testify in support of his request. On February 9, 2006, we affirmed the trial court's ruling and notified the parties that the appeal would be dismissed for want of prosecution unless the record was filed by March 13, 2006. Neither the clerk's record nor the reporter's record of the case below has been filed. The appellant is not indigent and is not entitled to proceed without payment of costs. Tex. R. App. P. 20.2. There being no satisfactory explanation for the failure to file the clerk's record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b).

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered April 5, 2006

Do Not Publish

Before McKeithen, C.J., Gaultney, and Kreger, JJ.