State v. Franklin Billimek

• Court: Court of Appeals of Texas
• Decided: November 10, 2005
• Docket: 13-05-00405-CR
• Status: Published

Opinion

                             NUMBER 13-05-405-CR

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_______________________________________________________

THE STATE OF TEXAS,                                             Appellant,

                                           v.

FRANKLIN BILLIMEK,                                                 Appellee.

                      On appeal from the County Court

                           of Lavaca County, Texas.

_____________________________________________________     

                     MEMORANDUM OPINION

              Before Justices Rodriguez, Castillo, and Garza

                       Memorandum Opinion Per Curiam

Appellant, THE STATE OF TEXAS, perfected an appeal from an order entered by the  County Court of Lavaca County, Texas, in cause number 19302.  The clerk=s record was filed on July 29, 2005.  The reporter=s record was filed on July 13, 2005.  Appellant=s brief was due on August 29, 2005.  To date, no appellate brief has been received.

On October 4, 2005, notice was given to all parties that this appeal was subject to dismissal for want of prosecution.  The State was given ten days to explain why the cause should not be dismissed for failure to file a brief.  To date, no response has been received from the State.  Appellee has filed a motion to dismiss the appeal.

The Court, having examined and fully considered the documents on file, the State=s  failure to file a proper appellate brief, this Court=s notice, and appellee=s motion to dismiss the appeal, is of the opinion that the appeal should be dismissed for want of prosecution.  Appellee=s motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 10^th day of November, 2005