Opinion
NO. 09-13-00340-CR
11-13-2013
AUSTYN LEIGH BAXLEY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 11-06-06666 CR
MEMORANDUM OPINION
Austyn Leigh Baxley filed a notice of appeal but he did not make payment arrangements for the clerk's record. See Tex. R. App. P. 35.3(a)(2). The appellant has been represented by retained counsel and he did not file an affidavit of indigence. The appellant is not entitled to proceed without payment of costs. See Tex. R. App. P. 20.2. On September 17, 2013, we notified the parties that the appeal would be dismissed for want of prosecution. No response has been filed. There being no satisfactory explanation for the failure to file the clerk's record, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.