In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00340-CR ____________________ AUSTYN LEIGH BAXLEY, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 11-06-06666 CR ________________________________________________________ _____________ MEMORANDUM OPINION Austyn Leigh Baxley filed a notice of appeal but he did not make payment arrangements for the clerk’s record. See Tex. R. App. P. 35.3(a)(2). The appellant has been represented by retained counsel and he did not file an affidavit of indigence. The appellant is not entitled to proceed without payment of costs. See Tex. R. App. P. 20.2. On September 17, 2013, we notified the parties that the appeal would be dismissed for want of prosecution. No response has been filed.

There being no satisfactory explanation for the failure to file the clerk’s record, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Opinion Delivered November 13, 2013 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.