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Do Not Publish

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

itted: October 22, 2002

Date Decided: October 23, 2002

Do Not Publish