Juan Jose Moreno v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 19, 2024
• Docket: 09-24-00109-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00109-CR __________________

JUAN JOSE MORENO, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 22-04-04234-CR __________________________________________________________________

MEMORANDUM OPINION

Although Juan Jose Moreno filed a notice of appeal, he failed to arrange to

pay for the clerk’s record. See Tex. R. App. P. 35.3(a)(2). On April 30, 2024, the

Clerk of the Court notified the parties that unless Moreno arranged to file the clerk’s

record or explained why he needed additional time to do so, his appeal in Trial Court

Cause Number 22-04-04234-CR would be dismissed for want of prosecution. The

Court, however, has not received a response to its request.

1 Retained counsel has represented Moreno in his appeal. Moreno has also not

filed an affidavit of indigence, and nothing in the appellate record shows that Moreno

is entitled to proceed without paying costs. See id. 20.2.

Because Moreno has not explained why he failed to file the record in his

appeal, the appeal is dismissed for want of prosecution. See id. 37.3(b), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 18, 2024 Opinion Delivered June 19, 2024 Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.