Opinion
No. 04-13-00805-CR
12-16-2013
EX PARTE Santos GUEVARA
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 4704-A
Honorable N. Keith Williams, Judge Presiding
ORDER
The clerk's record and reporter's record were both due November 27, 2013. On December 11, 2013, the clerk notified this court that the clerk's record had not been filed because appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the record, and appellant was not entitled to appeal without paying the fee. The clerk also stated appellant has not filed a designation of the records to be included in the clerk's record.
An appellant is not required to designate a clerk's record. In the absence of a designation, Texas Rule of Appellate Procedure 34.5 states what must be included in the record. TEX. R. APP. P. 34.5(a). It is ORDERED that appellant provide written proof to this court no later than December 27, 2013 that either (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. If appellant fails to respond within the time provided, this cause will be abated to the trial court for an abandonment hearing. See TEX. R. APP. P. 37.3(a)(2).
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Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of December, 2013.
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Keith E. Hottle
Clerk of Court