Opinion
No. 05-08-01066-CR
Opinion Filed June 23, 2009. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the 380th Judicial District Court Collin County, Texas, Trial Court Cause No. 380-82048-04.
Before Justices MORRIS, RICHTER, and LANG-MIERS.
MEMORANDUM OPINION
In this appeal, the clerk's record was due on August 31, 2008. On September 3, 2008, the Collin County Clerk filed with this Court a letter informing the Court that the clerk's record was not filed because appellant's retained counsel had not paid the fee for the record to be prepared. On November 6, 2008, the Court abated this appeal for a hearing in the trial court to determine why the clerk's record was not timely filed. On June 4, 2009, the trial court filed findings of fact in which the trial court reported, among other findings, that appellant's counsel had represented that the appeal was premature, counsel was requesting that the appeal be dismissed, and counsel could not obtain appellant's consent to withdraw the appeal because he could not locate appellant. Counsel reported that appellant has been released from confinement and, allegedly, has left the State of Texas. After receiving the trial court's findings, the Court reinstated the appeal and adopted the findings. We conclude the clerk's record has not been filed because appellant failed to pay or make arrangements to pay for preparation of the clerk's record. See Tex. R. App. P. 37.3(b). We further conclude appellant has been given a reasonable opportunity to cure this deficiency. Id. Accordingly, we dismiss the appeal for want of prosecution.