TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00596-CV

Larry Johnson, Appellant v. The Court of Criminal Appeals, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. GN300775, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

MEMORANDUM OPINION

Because appellant Larry Johnson has failed to file an appellant’s brief, we will dismiss this appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).

The Clerk of this Court filed the clerk’s record in this cause on October 2, 2003.

Thus, appellant’s brief was due November 3, 2003. See id. 38.6(a)(1). By postcard dated December 4, 2003, the Clerk of this Court notified the parties that the appeal was subject to dismissal for want of prosecution unless appellant tendered a motion by December 9, 2003, reasonably explaining the failure to file a brief. See id. 38.8(a)(1). Appellant has submitted neither a brief nor a motion reasonably explaining the failure to file a brief.

Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).

Bob Pemberton, Justice Before Justices Kidd, Puryear and Pemberton Dismissed for Want of Prosecution Filed: January 29, 2004