David Charles Fitts appeals from his conviction for the offense of aggravated assault with a deadly weapon. ⁽¹⁾ He was sentenced to twenty years' imprisonment and a fine of $10,000.00.

Fitts' notice of appeal was filed March 19, 2008, and the clerk's record was filed March 31, 2008. The reporter's record was due June 19, 2008, and has not been filed. Fitts is not indigent. Therefore, he is responsible for paying for, or making arrangements to pay for, preparation of the appellate record. See Tex. R. App. P. 35.3(a), (b).

On July 18, 2008, we mailed a letter to Fitts' retained counsel, stating that, if we did not receive information showing that Fitts was making a substantial and tangible effort to prosecute the appeal by showing either a reasonable attempt to obtain a reporter's record or by filing a brief based solely on the clerk's record within ten days of the letter, we would dismiss the appeal for want of prosecution. Fitts has not contacted this Court. We have also contacted the court reporter and have been informed that Fitts has not contacted her.

Accordingly, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.4; Rodriguez v. State, 970 S.W.2d 133 (Tex. App.--Amarillo 1998, pet. ref'd).

Josh R. Morriss, III

Chief Justice

Date Submitted: August 14, 2008

Date Decided: August 15, 2008

Do Not Publish

OPINION

On August 15, 2008, this Court issued an opinion dismissing David Charles Fitts' appeal for want of prosecution. We have now received and considered the motion for rehearing, along with the attachments thereto.

Fitts contends in the motion for rehearing that he did not receive the letter from this Court mailed July 18, 2008, informing him that, if he did not respond within ten days of the date of the letter showing us that he had made a reasonable attempt to obtain a reporter's record, we would dismiss the appeal for want of prosecution. Having received no response to that letter, we dismissed the appeal August 15.

This Court has now considered the motion for rehearing and the attachments thereto as a response to our July 18 letter. The attachments are letters detailing what was done regarding Fitts' obligation, as appellant, to obtain a reporter's record. Neither the motion nor the attached letters between Fitts' counsel and the court reporter, and from Fitts' counsel to Fitts, demonstrate that a "reasonable attempt" was made to secure the reporter's record. The last correspondence was from counsel to Fitts, was dated July 10, 2008, and requested a response from his client; this is the last attachment to the motion for rehearing. We can conclude only that a reasonable attempt was not made.

We overrule the motion for rehearing. Our dismissal stands.

Josh R. Morriss, III

Chief Justice

Date: September 10, 2008

1. This case has been transferred to this Court as part of the Texas Supreme Court's docket equalization program.

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