IN THE TENTH COURT OF APPEALS No. 10-12-00235-CR JAMES ELLIS FREE, Appellant v. THE STATE OF TEXAS, Appellee

From the 220th District Court Bosque County, Texas Trial Court No. CR14309

MEMORANDUM OPINION

James Ellis Free was convicted of the felony offense of driving while intoxicated and sentenced to seven years in prison. See TEX. PENAL CODE ANN. § 49.04 (West Supp. 2012). By letter dated August 7, 2012, the Clerk of this Court notified Free that his appeal was subject to dismissal because the notice of appeal appeared to be untimely.

See TEX. R. APP. P. 26.2(a(2); 44.3. The Clerk further warned Free that his appeal would be dismissed unless, within 21 days from the date of the letter, a response was filed showing grounds for continuing the appeal. More than 21 days have passed and no response has been filed.

The appeal is dismissed.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed September 6, 2012 Do not publish [CR25]

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