Rochelle Acevedo v. State

MEMORANDUM OPINION

No. 04-11-00470-CV Rochelle ACEVEDO, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 11, Bexar County, Texas Trial Court No. CV363087 Honorable Jason Pulliam, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: August 17, 2011 DISMISSED

On June 3, 2011, Rochelle Acevedo filed a notice of appeal from the trial court’s judgment signed May 25, 2011. The record was due July 25, 2011, sixty days after the judgment was signed. See TEX. R. APP. P. 35.1. On July 19, 2011, the Bexar County Clerk filed a notification stating the clerk’s record would not be filed because Acevedo had not paid or made arrangements to pay the clerk’s fee to prepare the record and is not entitled to appeal without paying the fee. On July 25, 2011, we ordered Acevedo to provide written proof to this court on or before August 4, 2011, that either (1) the clerk’s fee has been paid or arrangements had been made to pay the clerk’s fee; or (2) she is entitled to appeal without paying the clerk’s fee. We cautioned Acevedo that if she failed to respond appropriately within the time provided, the appeal would be dismissed. See TEX. R. APP. P. 37.3(b); 42.3(c).

Acevedo filed a response to our order on August 5, 2011. However, the response does not establish either that the clerk’s fee for preparation of the appellate record has been paid or that Acevedo is entitled to appeal without paying the clerk’s fee.

We therefore order this appeal dismissed.

PER CURIAM