Niteroi D. Thomas, Appellant v. The State of Texas, Appellee (2015)

Court of Appeals of Texas, Houston (1st Dist.).

Niteroi D. Thomas, Appellant v. The State of Texas, Appellee

NO. 01–15–00380–CR

Decided: October 15, 2015

Panel consists of Chief Justice Radack and Justices Bland and Huddle.

MEMORANDUM OPINION

Appellant, Niteroi D. Thomas, has neither established indigence, nor paid, or made arrangements to pay, the fee for preparing the clerk's record. See Tex.R.App. P. 20.2 (listing requirements for establishing indigence), 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. Accordingly, we dismiss the appeal for want of prosecution. See Tex.R.App. P. 37.3(b); Sutherland v. State, 132 S.W.3d 510, 512 (Tex.App.—Houston [1st Dist.] 2004, no pet.) (dismissing criminal appeal for want of prosecution based on appellant's failure to pay for clerk's record). We dismiss all pending motions as moot.

PER CURIAM

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