Joel Francis Stafford v. the State of Texas

Opinion

Opinion issued July 3, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00206-CR ——————————— JOEL FRANCIS STAFFORD, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court Harris County, Texas Trial Court Case No. 1854881-A

MEMORANDUM OPINION

Appellant, Joel Francis Stafford, filed a notice of appeal from the trial court’s

Final Judgment of Forfeiture signed on January 24, 2025. Appellant has failed to

timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). The clerk’s record was filed on March 25, 2025.1 Accordingly, appellant’s

brief was due to be filed on or before April 24, 2025. See TEX. R. APP. P. 38.6(a).

Appellant did not file an appellant’s brief.

“Although bond forfeiture proceedings arise from criminal matters, civil law

governs appellate review.” Nunez v. State, No. 03-16-00544-CV, 2017 WL

3585217, at *3 (Tex. App.—Austin Aug. 18, 2017, no pet.) (mem. op.); see TEX.

CODE CRIM. PROC. art. 44.44 (providing that “the proceeding shall be regulated by

the same rules that govern civil actions where an appeal is taken”). On May 23,

2025, the Clerk of this Court notified appellant that his appeal was subject to

dismissal unless a brief, or a motion to extend time to file a brief, was filed within

twenty-one days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). On June 4, 2025, the notice was resent to

appellant’s correct address. Despite the notice that this appeal was subject to

dismissal, appellant did not respond.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.

P. 42.3(b), 43.2(f); Mason v. State, 451 S.W.2d 495 (Tex. Crim. App. 1970)

1 The court reporter filed an information sheet notifying the Court that no reporter’s record was taken. 2 (dismissing appeal for want of prosecution in bond forfeiture case because principal

failed to file brief). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Guiney, and Morgan. Do not publish. TEX. R. APP. P. 47.2(b).