State v. James Robert Flores

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-93-182-CR

THE STATE OF TEXAS,

APPELLANT

vs.

JAMES ROBERT FLORES,

APPELLEE

FROM THE COUNTY COURT AT LAW OF TOM GREEN COUNTY

NO. 89,029, HONORABLE R.L. BLANN, JUDGE PRESIDING

PER CURIAM

This purports to be an appeal from an order of the county court at law granting appellee's motion for new trial. Tex. Code Crim. Proc. Ann. art. 44.01(a)(3) (West Supp. 1993). The underlying offense is assault. Tex. Penal Code Ann. § 22.01 (West Supp. 1993).

The transcript received by this Court on May 7, 1993, does not contain an order granting a new trial in this cause. The Clerk of this Court notified counsel for the State that a supplemental transcript containing a copy of the order appealed from should be tendered for filing on or before May 25, 1993. No supplemental transcript has been received, nor has the State requested an extension of time for filing. The statement of facts, which was due June 1, 1993, has not been received and, again, the State has not timely requested an extension of time for filing.

The appeal is dismissed for want of prosecution. State v. Sanchez, 764 S.W.2d 920 (Tex. App.--Austin 1989, no pet.).

[Before Justices Powers, Kidd and B. A. Smith]

Appeal Dismissed

Filed: June 23, 1993

[Do Not Publish]