Ratcliff v. State

Full title: ELIJAH WHITE RATCLIFF, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Apr 5, 2006

No. 09-05-480 CR (Tex. App. Apr. 5, 2006)

Opinion

No. 09-05-480 CR

Opinion Delivered April 5, 2006. DO NOT PUBLISH.

On Appeal from the 258th District Court, Polk County, Texas, Trial Cause No. 18,176.

Before McKEITHEN, C.J., GAULTNEY, and KREGER, JJ.

MEMORANDUM OPINION

STEVE McKEITHEN, Chief Justice.

Elijah W. Ratcliff appealed his conviction for insurance fraud and requested a free record. See Tex.R.App.P. 20.2. The trial court denied the request for indigent status after the appellant refused to testify in support of his request. On February 9, 2006, we affirmed the trial court's ruling and notified the parties that the appeal would be dismissed for want of prosecution unless the record was filed by March 13, 2006. Neither the clerk's record nor the reporter's record of the case below has been filed. The appellant is not indigent and is not entitled to proceed without payment of costs. Tex.R.App.P. 20.2. There being no satisfactory explanation for the failure to file the clerk's record, the appeal is dismissed for want of prosecution. Tex.R.App.P. 37.3(b). APPEAL DISMISSED.