Opinion
09-24-00109-CR
06-19-2024
JUAN JOSE MORENO, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish
Submitted on June 18, 2024
On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 22-04-04234-CR
Before Golemon, C.J., Horton and Johnson, JJ.
MEMORANDUM OPINION
PER CURIAM.
Although Juan Jose Moreno filed a notice of appeal, he failed to arrange to pay for the clerk's record. See Tex. R. App. P. 35.3(a)(2). On April 30, 2024, the Clerk of the Court notified the parties that unless Moreno arranged to file the clerk's record or explained why he needed additional time to do so, his appeal in Trial Court Cause Number 22-04-04234-CR would be dismissed for want of prosecution. The Court, however, has not received a response to its request.
Retained counsel has rep resented Moreno in his appeal. Moreno has also not filed an affidavit of indigence, and nothing in the appellate record shows that Moreno is entitled to proceed without paying costs. See id. 20.2.
Because Moreno has not explained why he failed to file the record in his appeal, the appeal is dismissed for want of prosecution. See id. 37.3(b), 43.2(f).
APPEAL DISMISSED.