TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00103-CR

Belinda Orona, Appellant v. The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF CALDWELL COUNTY NO. 39195, HONORABLE EDWARD L. JARRETT, JUDGE PRESIDING

MEMORANDUM OPINION

Belinda Orona perfected an appeal from a conviction for resisting arrest. 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).

Because there was a question as to whether Orona is presently indigent, the Court abated the appeal for a hearing. See Tex. Code Crim. Proc. Ann. art. 26.04 (West Supp. 2010).

Following the hearing, the trial court found that appellant is not indigent. The Court subsequently notified both appellant and her attorney of record that the appeal would be dismissed if the clerk’s fee was not paid by July 5, 2011. The fee has not been paid.

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

__________________________________________ Melissa Goodwin, Justice Before Justices Puryear, Rose and Goodwin Dismissed for Want of Prosecution Filed: July 29, 2011 Do Not Publish