In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-07-00135-CR ______________________________

DANIEL LEE GERTH, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 336th Judicial District Court Fannin County, Texas Trial Court No. 21169

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Daniel Lee Gerth appeals from his conviction for the offense of driving while intoxicated, with a child passenger. He was sentenced to two years' confinement in a state-jail facility. That sentence was suspended, and Gerth was placed on four years' community supervision. He was also assessed a fine of $1,500.00.

Gerth's notice of appeal was filed July 16, 2007. The clerk's record was filed November 26, 2007. The reporter's record was due November 13, 2007, and has not been filed. Gerth 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 January 9, 2008, we mailed a letter to Gerth's retained counsel, stating that, if we did not receive information showing that Gerth 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. Gerth has not contacted this Court.

Accordingly, we dismiss this appeal for want of prosecution. See TEX . R. APP . P. 42.3(b), (c); Rodriguez v. State, 970 S.W.2d 133 (Tex. App.—Amarillo 1998, pet. ref'd).

Bailey C. Moseley Justice Date Submitted: January 30, 2008 Date Decided: January 31, 2008 Do Not Publish