Opinion
13-20-00028-CV
07-01-2021
$3, 363.00 IN UNITED STATES CURRENCY, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 414th District Court of McLennan County, Texas.
Before Chief Justice Contreras and Justices Benavides and Silva
MEMORANDUM OPINION
GINA M. BENAVIDES Justice
On December 9, 2019, appellant filed a notice of appeal. Appellant's brief was due on October 14, 2020. On October 20, 2020, the clerk of the court notified appellant that, pursuant to Texas Rule of Appellate Procedure 38.8(a)(1), the appeal was subject to dismissal for want of prosecution, unless appellant provided a reasonable explanation for his failure to timely file a brief within ten days.
This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001.
On October 23, 2020, appellant filed a letter which this court construed as a brief. On November 10, 2020, the clerk of the court notified appellant that the brief was marked "received" and was not in compliance with the Texas Rules of Appellate Procedure. Furthermore, on April 23, 2021, the clerk of the court notified appellant that if an amended brief was not filed within ten days from the date of the notice, the appeal was subject to dismissal for want of prosecution.
Appellant has failed to either reasonably explain his failure to file a motion for extension of time to file his brief or file an amended brief. Accordingly, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b).