Opinion
Nos. 05-08-00926-CR, 05-08-00927-CR
Opinion Issued December 22, 2008. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 401st Judicial District Court, Collin County, Texas, Trial Court Cause Nos. 401-81429-07, 401-82771-07.
Before Justices WRIGHT, O'NEILL, and LANG.
MEMORANDUM OPINION
Fermin Rogelio Rodriguez was convicted of possession of heroin in an amount of one gram or more but less than four grams and possession with intent to deliver heroin in an amount less than one gram. After the jury found him guilty, the trial court assessed punishment at four years confinement for the possession offense and two years confinement in a state jail facility for the possession with intent to deliver offense. The clerk's records were due in these appeals on August 10, 2008. On August 14, 2008, the Clerk of the Court received a letter from the trial court clerk stating the records were not filed because appellant's retained counsel had not paid for the records to be prepared. We abated these appeals so the trial court could make findings of fact regarding the failure to file the clerk's records. The trial court found appellant no longer desires to pursue the appeals. We adopted the trial court's finding of fact and submitted the appeal without the records. We dismiss the appeals for want of prosecution. See Tex. R. App. P. 37.3(b).