TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00236-CR

Paul Lafayett Kirksey, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF LLANO COUNTY, 424TH JUDICIAL DISTRICT NO. 6072, HONORABLE DANIEL H. MILLS, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s fee has not been paid and the clerk’s record has not been filed.

See Tex. R. App. P. 35.3(a). The Court notified appellant’s attorney of record that the appeal would be dismissed if the clerk’s record was not paid for by July 20, 2009. No payment has been made, and counsel has informed the Court that appellant does not intend to pursue the appeal. The appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

__________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Puryear and Pemberton Dismissed for Want of Prosecution Filed: August 6, 2009 Do Not Publish