Opinion
No. 04-13-00205-CR
07-12-2013
Juan Carlos GOMEZ, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No 2, Webb County, Texas
Trial Court No. 2010 CRB 001162 L2
Honorable Jesus Garza, Judge Presiding
ORDER
By order dated June 28, 2013, appellant was ordered to provide written proof to this court by July 8, 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. The order stated that if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
On July 8, 2013, appellant's attorney filed a copy of a letter he sent to the trial court clerk requesting preparation of the record. The trial court clerk has confirmed that no payment arrangements have been made. Because appellant's attorney may have believed his letter was responsive to this court's order, the deadline for responding to our June 28, 2013 order will be extended in the interests of justice. It is therefore ORDERED that appellant provide written proof to this court within ten (10) days of the date of this order 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 appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
In the event the appellant provides written proof within the time provided, the clerk's record must be filed no later than thirty days from the date the written proof is filed in this court.
Appellant also is reminded that he failed to respond to this court's prior order dated June 5, 2013, regarding payment for the reporter's record. Based on the prior order, if the appeal proceeds without further action by appellant regarding the reporter's record, the court will consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of July, 2013.
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Keith E. Hottle
Clerk of Court