Opinion
No. 11-08-00195-CR
Opinion filed October 2, 2008. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).
On Appeal from the 385th District Court Midland County, Texas, Trial Court Cause No. CR34402.
Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.
MEMORANDUM OPINION
Cesar Rene Juarez-Villela was convicted of possession of cocaine and sentenced to confinement for two years in a state jail facility. We dismiss the appeal. The trial court imposed the sentence in open court on June 10, 2008. Appellant's retained counsel timely filed a notice of appeal. Neither a motion for new trial nor an affidavit of inability to pay costs on appeal pursuant to TEX. R. APP. P. 20.2 were filed. The due date for the appellate record has been extended to September 24, 2008, and both the clerk of the trial court and the court reporter have informed this court in writing that appellant has failed to make arrangements to pay for the record. Neither the clerk's record nor the reporter's record has been filed in this court. The failure to file the appellate record is due to appellant's actions. TEX. R. APP. P. 37.3(b). The appeal is dismissed.