State v. Elijah Huff

• Court: Court of Appeals of Texas
• Decided: March 23, 2006
• Docket: 13-05-00660-CR
• Status: Published

Opinion

               NUMBERS 13-05-660-CR AND 13-05-684-CR

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

__________________________________________________________________

THE STATE OF TEXAS,                                             Appellant,

                                           v.

ELIJAH HUFF,                                                          Appellee.

__________________________________________________________________

                  On appeal from the 117th District Court

                           of Nueces County, Texas.

___________________________________________________________________

                     MEMORANDUM OPINION

                Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellant, THE STATE OF TEXAS, perfected  appeals from orders entered by the 117th District Court of Nueces County, Texas,  in cause numbers 04-CR-1314-B(S1) and 04-CR-0721-B.  The appellant=s  briefs in these causes were due on January 20, 2006. To date, appellant has failed to file briefs in these causes.

On February 28, 2006, notice was given to all parties that these appeals were subject to dismissal.  Appellant, the State of Texas,  was given ten days to explain why the causes should not be dismissed for failure to file a brief.  To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant=s failure to file proper appellate briefs, this Court=s notice, and appellant=s failure to respond, is of the opinion that the appeals should be dismissed for want of prosecution.  The appeals are hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this the 23rd day of March, 2006.