Opinion
No. 13-05-405-CR
Opinion Delivered and Filed November 10, 2005.
On Appeal from the County Court of Lavaca County, Texas.
Before Justices RODRIGUEZ, CASTILLO, and GARZA.
MEMORANDUM OPINION
Appellant, THE STATE OF TEXAS, perfected an appeal from an order entered by the County Court of Lavaca County, Texas, in cause number 19302. The clerk's record was filed on July 29, 2005. The reporter's record was filed on July 13, 2005. Appellant's brief was due on August 29, 2005. To date, no appellate brief has been received.
On October 4, 2005, notice was given to all parties that this appeal was subject to dismissal for want of prosecution. The State was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received from the State. Appellee has filed a motion to dismiss the appeal.
The Court, having examined and fully considered the documents on file, the State's failure to file a proper appellate brief, this Court's notice, and appellee's motion to dismiss the appeal, is of the opinion that the appeal should be dismissed for want of prosecution. Appellee's motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF PROSECUTION.