NO. 12-05-00350-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DAN ALLEN COMPTON,                                §     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. Appellant’s sentence was imposed on August 10, 2005, and after extending the time, the clerk’s record was due on December 8, 2005. On December 8, 2005, the clerk notified this Court by letter that the reason for the delay in filing was that Appellant had failed to either pay or make arrangements to pay for the preparing of the clerk’s record. On December 14, 2005, this Court informed Appellant that, pursuant to 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 December 27, 2005.

            The deadline has now passed, and Appellant has neither provided proof of full payment or otherwise responded to this Court’s notice. Accordingly, the appeal is dismissed. See Tex. R. App. P. 37.3(b); 42.3(c). All motions pending in this cause are overruled as moot.

Opinion delivered January 11, 2006.

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

(DO NOT PUBLISH)