Opinion
No. 11-08-00267-CR
Opinion filed December 11, 2008. DO NOT PUBLISH. See TEX. R. APP. P. 47.2(b).
On Appeal from the 238th District Court Midland County, Texas, Trial Court Cause No. CR33645.
Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.
MEMORANDUM OPINION
George Zachary Shafer was convicted of assault. Punishment was assessed at confinement for 365 days in the county jail and a $2,000 fine. Appellant was represented by retained counsel at trial and filed a pro se notice of appeal. Retained counsel filed a notice of appeal. We dismiss. The sentence was imposed in open court on July 3, 2008. An affidavit of inability to pay has not been filed in compliance with TEX. R. APP. P. 20.2, and appellant has not been declared unable to pay costs. Both the clerk of the trial court and the court reporter have notified this court in writing that appellant has failed to make arrangements to pay for the appellate record. In compliance with TEX. R. APP. P. 37.3, the clerk of this court has written appellant concerning his failure to make appropriate arrangements for the record and extending the due date for filing the record. Appellant has failed to respond to our letter of November 4, 2008; has failed to make arrangements for the payment of the record; and has failed to file the record. The failure to file the appellate record is due to appellant's actions. Rule 37.3(b). The appeal is dismissed.