Opinion filed July 19, 2007

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-07-00100-CR

                                                    __________

                                  BRIAN KEITH VALLES, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                               On Appeal from the County Court

                                                          Gaines County, Texas

                                                   Trial Court Cause No.  15323

                                                                   O P I N I O N

The jury convicted Brian Keith Valles of driving while intoxicated as a subsequent offense. On April 16, 2007, the trial court placed appellant on community supervision for one year and assessed a $911.25 fine.  We dismiss the appeal.

Appellant was represented by retained counsel at appeal.  Appellant did not file an affidavit of inability to pay costs on appeal pursuant to Tex. R. App. P. 20.2.  Both the clerk of the trial court and the court reporter have advised this court in writing that appellant has failed to make arrangements to pay for the record on appeal.  On June 22, 2007, the clerk of this court wrote appellant directing him to forward to this court by July 9, 2007, proof of payment for the appellate record and advising him that failure to do so could result in the dismissal of the appeal.  There has been no response to our June 22 letter.

The failure to file the appellate record appears to be due to appellant=s actions.  Therefore, the appeal is dismissed.  Tex. R. App. P. 37.3(b).

PER CURIAM

July 19, 2007

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.