PER CURIAM HEADING

NO. 12-02-00175-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

GARY WAYNE MCCLOUD,

§APPEAL FROM THE 355TH

APPELLANT

V.

§JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

§HOOD COUNTY, TEXAS

---

---

MEMORANDUM OPINION ⁽¹⁾

This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk's fee for preparing the clerk's record. Appellant's sentence was imposed on May 30, 2002, and by extension of time, the clerk's record was due on October 28, 2002.On October 18, 2002, the clerk notified this court by letter that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk's record. On October 23, 2002, this court informed Appellant that, pursuant to Tex. R. App. P. 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before November 4, 2002.

As of November 6, 2002, Appellant has neither provided proof of full payment or otherwise responded to this Court's notice. Accordingly, the appeal is dismissed. Tex. R. App. P. 37.3(b), 42.3(c).

Opinion delivered November 8, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

(DO NOT PUBLISH)

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

November 8, 2002

NO. 12-02-00175-CR

GARY WAYNE MCCLOUD,

Appellant

V.

THE STATE OF TEXAS,

Appellee

---

---

Appeal from the 355th Judicial District Court

of Hood County, Texas. (Tr. Ct. No. 8547)

---

---

THIS CAUSE came to be heard on the appellate record, and the same being inspected, because it is the opinion of this Court that the appeal should be Dismissed, it is hereby ORDERED, ADJUDGED and DECREED by the court that the appeal be Dismissed in accordance with the opinion of this Court, and that this decision be certified to the court below for observance.

By memorandum opinion.

Panel consisted of Gohmert, Jr.,C.J., Worthen, J., and Griffith, J.

1. See Tex. R. App. P. 47.1.