Opinion
No. 06-08-00195-CR
Date Submitted: January 13, 2009.
Date Decided: January 14, 2009. DO NOT PUBLISH.
On Appeal from the County Court Franklin County, Texas, Trial Court No. 11134.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Wanda Higbee Schindley appeals from her conviction for the offense of driving while intoxicated. She was sentenced to 120 days' confinement, probated for two years, and a fine of $1,000.00. Schindley's notice of appeal was filed September 10, 2008, and the clerk's record was filed September 19, 2008. The reporter's record was due November 3, 2008, and has not been filed. Schindley is not indigent. Therefore, she is responsible for paying for, or making arrangements to pay for, preparation of the appellate record. See Tex. R. App. P. 35.3(a), (b). On December 4, 2008, we mailed a letter to Schindley's retained counsel, stating that, if we did not receive information showing that Schindley was making a substantial and tangible effort to prosecute the appeal by showing either a reasonable attempt to obtain a reporter's record or by filing a brief based solely on the clerk's record within ten days of the letter, we would dismiss the appeal for want of prosecution. Schindley has not contacted this Court. Accordingly, we dismiss this appeal for want of prosecution. See Rodriguez v. State, 970 S.W.2d 133 (Tex.App.-Amarillo 1998, pet. ref'd).