Petrina Keppard v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 01-23-00242-CR
• Status: Published

Opinion

Opinion issued August 31, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00242-CR ——————————— PETRINA KEPPARD, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from 443rd District Court Ellis County, Texas Trial Court Case No. 46666CR

MEMORANDUM OPINION

Appellant Petrina Keppard has neither established indigence for purposes of

court costs nor paid, or made arrangements to pay, the fee for preparing the clerk’s

record. See TEX. R. CIV. P. 145; TEX. R. APP. P. 37.3(a), (b). On May 5, 2023, we

notified Appellant that her appeal could be dismissed for want of prosecution if the clerk’s record was not filed. We directed Appellant to submit written evidence from

the trial court clerk by June 5, 2023, reflecting she paid, or made arrangements to

pay, the fee for preparing the clerk’s record. To date, Appellant has not responded

and the clerk’s record has not been filed.

We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b),

42.3(b)-(c), 43.2(f); see also Thomas v. State, No. 01-15-00380-CR, 2015 WL

6081785, at *1 (Tex. App.—Houston [1st Dist.] Oct. 15, 2015) (per curiam) (mem.

op.) (dismissing criminal appeal for want of prosecution based on Appellant’s failure

to pay for clerk’s record). All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Goodman, Rivas-Molloy, and Guerra.

Do not publish.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