Ramero Alberto Ibanez-Barrera v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 5, 2023
• Docket: 04-23-00011-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00011-CR

Romeo Alberto IBANEZ-BARRERA, Appellant

v.

The STATE of Texas, Appellee

From the 381st Judicial District Court, Starr County, Texas Trial Court No. 21-CR-25 Honorable Jose Luis Garza, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice Irene Rios Justice Beth Watkins, Justice

Delivered and Filed: July 5, 2023

DISMISSED FOR WANT OF PROSECUTION

Romeo Alberto Ibanez-Barrera appeals his judgment of conviction. The clerk’s record was

originally due April 3, 2023. On that day, the clerk filed a notification of late record stating the

clerk’s record was not filed because appellant has not paid or made arrangements to pay the clerk’s

fee to prepare the record and appellant is not entitled to the record without paying the fee. We

ordered appellant to provide written proof to this court that appellant (1) paid the clerk’s fee or

arrangements satisfactory to the clerk have been made to pay the clerk’s fee; or (2) appellant is

entitled to the clerk’s record without prepayment of the clerk’s fee. See TEX. R. APP. P. 20.2, 04-23-00011-CR

35.3(a). Appellant filed a docketing statement in this court indicating he made arrangements to

pay the district clerk’s fee. We therefore ordered the Starr County District Clerk Orlando

Velasquez to file the clerk’s record in this court on or before June 5, 2023. On May 25, 2023, the

Starr County District Clerk filed a second notification of late record stating the clerk’s record was

not filed because appellant has still not paid or made arrangements to pay the clerk’s fee to prepare

the record and appellant is not entitled to the record without paying the fee. We ordered appellant

to provide written proof to this court on or before June 15, 2023 either (1) the clerk’s fee had been

paid or arrangements satisfactory to the clerk had been made to pay the clerk’s fee; or (2) appellant

was entitled to the clerk’s record without prepayment of the clerk’s fee. See TEX. R. APP. P. 20.2,

35.3(a). We cautioned that if he failed to file such proof within the time provided, this appeal

would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant has not filed

a response, and our clerk’s office contacted the Starr County District Clerk’s Office and was

advised no payment has been received.

Accordingly, this appeal is dismissed for want of prosecution. See id.

DO NOT PUBLISH

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