Opinion
No. 04-03-00890-CR
Delivered and Filed: May 26, 2004. DO NOT PUBLISH.
Appeal from the 38th Judicial District Court, Uvalde County, Texas, Trial Court No. 93-028853-CR, Honorable Charles Sherrill, Judge Presiding. Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On March 16, 2004, the trial court clerk filed a Notification of Late Record stating that the clerk's record was not filed because appellant had (1) not requested that a clerk's record be prepared and (2) failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellant was not entitled to appeal without paying the fee. Also on March 16, 2004, the court reporter filed a Notification of Late Record stating that the reporter's record was not filed because appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record and that appellant was not entitled to appeal without paying the fee. Both Notifications of Late Record indicate appellant is not incarcerated and is on probation. On March 24, 2004, we abated this appeal and ordered that both Notifications of Late Record be held in abeyance pending resolution of the following issues: (1) whether appellant desires to prosecute his appeal; (2)whether appellant is now indigent and should have appointed counsel to prepare a brief on his behalf and a clerk's record and reporter's record prepared and filed at no expense to himself; and (3) if appellant is not indigent, whether he has made the necessary arrangements to pay for the clerk's record and reporter's record and filing a brief. On April 13, 2004, the trial court's findings of fact and conclusions of law were filed, in which the trial court found and concluded that appellant is not indigent and he does not desire to further prosecute his appeal. No clerk's record or reporter's record has been filed. It is therefore ORDERED that this appeal is reinstated on the docket of this court and the appeal DISMISSED.