NO. 12-05-00056-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JEMARCUS WARREN,                                    §     APPEAL FROM THE 114TH

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                        §     SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            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. The clerk’s record was originally due on March 15, 2005. On March 9, 2005, the clerk filed a written request for an extension of time for filing the record notifying this Court that Appellant had not paid for the record. On March 9, 2005, this court informed Appellant that, pursuant to Texas Rules of Appellate Procedure 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 March 21, 2005.

            Because Appellant has neither provided proof of full payment nor otherwise responded to this Court’s notice, the appeal is dismissed. Tex. R. App. P. 37.3(b), 42.3(c).

Opinion delivered March 23, 2005.

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

DeVasto, J., not participating.

(DO NOT PUBLISH)