Ruben Joe Ramirez v. State

• Court: Court of Appeals of Texas
• Decided: May 18, 2005
• Docket: 04-04-00919-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-04-00919-CR

Ruben Joe RAMIREZ,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law, Medina County, Texas

Trial Court No. 20576

Honorable Vivian Torres, Judge Presiding

PER CURIAM

Sitting:            Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed:   May 18, 2005

DISMISSED

            Ruben Joe Ramirez appeals the trial court’s December 5, 2004, judgment. The record was due April 4, 2005, 120 days after the date sentence was imposed or suspended. See Tex. R. App. P. 35.2(b). On April 4, 2005, the Medina County Clerk filed a notification stating the clerk’s record had not been filed because Ramirez had not paid or made arrangements to pay the clerk’s fee to prepare the record and is not entitled to appeal without paying the fee. Accordingly, on April 13, 2005, we ordered Ramirez to provide written proof to this court on or before April 28, 2005, that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) he is entitled to appeal without paying the clerk’s fee. We cautioned Ramirez that if he failed to respond within the time provided, his appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Ramirez has not filed a response and the clerk’s record has not been filed.

            We therefore order this appeal dismissed for want of prosecution.

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