TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00584-CR

Jason Martinez, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. CR21,726, HONORABLE ED MAGRE, JUDGE PRESIDING

MEMORANDUM OPINION

Jason Martinez perfected this appeal from a conviction for criminal mischief. 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 counsel that the appeal was subject to dismissal if the clerk’s record was not paid for by December 29, 2008. In response, counsel informed the Court that appellant has made no arrangements to pay for the record despite repeated contacts.

The appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

__________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Puryear and Henson Dismissed for Want of Prosecution Filed: February 5, 2009 Do Not Publish