Niteroi D. Thomas v. State

Opinion

Opinion issued October 15, 2015

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-00380-CR ——————————— NITEROI D. THOMAS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court Lee County, Texas Trial Court Case No. 8047

MEMORANDUM OPINION

Appellant, Niteroi D. Thomas, has neither established indigence, nor paid, or

made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R.

APP. P. 20.2 (listing requirements for establishing indigence), 37.3(b) (allowing

dismissal of appeal if no clerk’s record filed due to appellant’s fault). After being notified that this appeal was subject to dismissal, appellant did not adequately

respond. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R.

APP. P. 37.3(b); Sutherland v. State, 132 S.W.3d 510, 512 (Tex. App.—Houston

[1st Dist.] 2004, no pet.) (dismissing criminal appeal for want of prosecution based

on appellant’s failure to pay for clerk’s record). We dismiss all pending motions as

moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).