State v. Jose Angel Luna, Jr.

• Court: Court of Appeals of Texas
• Decided: June 20, 2002
• Docket: 13-01-00748-CR
• Status: Published

Opinion

                                   NUMBER 13-01-748-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

____________________________________________________________________

THE STATE OF TEXAS,                                                         Appellant,

                                                   v.

JOSE ANGEL LUNA, JR.,                                                        Appellee.

____________________________________________________________________

                   On appeal from the County Court at Law No. 2

                                  of Victoria County, Texas.

____________________________________________________________________

                                   O P I N I O N

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, THE STATE OF TEXAS, perfected an appeal from an order entered by  County Court at Law No. 2 of Victoria County, Texas, in cause number 2-75,882.  The clerk=s record was filed on October 25, 2001.  The reporter=s record was filed on October 26, 2001.   The State=s  brief was due on November 26, 2001. To date, no appellate brief has been received.

On May 15, 2002, notice was given to all parties that this appeal was subject to dismissal.  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.

Under these circumstances, the State's failure to file a brief constitutes abandonment of the appeal. See State v. Palacios, 968 S.W.2d 467, 468 (Tex. App. ‑‑Fort Worth 1998, no pet.); State v. Crawford, 807 S.W.2d 892, 893 (Tex. App.‑‑Houston [1^st Dist.] 1991, no pet.); State v. Sanchez, 764 S.W.2d 920, 921 (Tex. App.‑‑Austin 1989, no pet.).

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 the State=s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution.  The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 20^th day of June, 2002.