DISMISS; and Opinion Filed July 10, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01665-CV JOHNNIE MCINTYRE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. CV1200442V MEMORANDUM OPINION Before Justices O'Neill, Francis, and Fillmore Opinion by Justice Fillmore Appellant’s brief in this case is overdue. By postcard dated March 8, 2013, we notified appellant the time for filing his brief had expired. We directed appellant to file both his brief and an extension motion within ten days. We cautioned appellant that failure to file his brief and an extension motion would result in the dismissal of this appeal without further notice. To date, appellant has not filed his brief, an extension motion, or otherwise corresponded with the Court regarding the status of his brief.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 121665F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHNNIE MCINTYRE, Appellant On Appeal from the 292nd Judicial District Court, Dallas County, Texas No. 05-12-01665-CV V. Trial Court Cause No. CV1200442V.

Opinion delivered by Justice Fillmore.

THE STATE OF TEXAS, Appellee Justices O'Neill and Francis participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee THE STATE OF TEXAS recover its costs of this appeal from appellant JOHNNIE MCINTYRE.

Judgment entered this 10th day of July, 2013.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

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