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THE STATE OF TEXAS

JUAN ISMAEL DELAGARZA, JR.

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Opinion

Appellant, THE STATE OF TEXAS, perfected an appeal from an order entered by the 377^th District Court of Victoria County, Texas, in cause number 99-2-17,595-D. The clerk's record was filed on May 30, 2000. The reporter's record was filed on June 30, 2000. The State's brief was due on July 30, 2000. To date, no appellate brief has been received.

On August 22, 2000, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). 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.

Under these circumstances, the State's failure to file a brief constitutes abandonment of the appeal. See State v. Palacios, 968 S.W.2d 467, 468 (Tex.App. -- Fort Worth 1998, no pet.); State v. Crawford, 807 S.W.2d 892, 893 (Tex. App.--Houston [1^st Dist.] 1991, no pet.); State v. Sanchez, 764 S.W.2d 920, 921 (Tex. App.--Austin 1989, no pet.).

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 the State's failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 28^th day of September, 2000