Order entered February 28, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00069-CR ALAN CHRISTOPHER NELSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-8017191 ORDER The Court has before it appellant’s motion to consolidate this appeal with the appeal in cause no. 05-12-00301-CR, styled Scott A. Cooksey v. The State of Texas. Cooksey was submitted on February 19, 2013. The above appeal is not ready for submission as neither the clerk’s record nor the parties’ briefs has been filed. Moreover, the appeals involve different appellants and orders. Accordingly, we DENY appellant’s motion to consolidate the appeals.

We note this appeal was designated a civil appeal, but involves the appeal from a proceeding under article 42.12, section 20(a) of the Texas Code of Criminal Procedure.

Therefore, we DIRECT the Clerk of this Court to redesignate this appeal as a criminal appeal.

The clerk’s record is overdue. On February 18, 2013, we received a letter from the Collin County District Clerk stating that appellant, who is represented by retained counsel, has not paid for the record. Accordingly, we ORDER the Collin County Clerk to file, within FIFTEEN DAYS of the date of this order, either the clerk’s record or written verification that appellant has not paid for the record. We notify appellant that if we receive verification of non- payment, we will, without further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b).

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Collin County District Clerk and to counsel for all parties.

/s/ CAROLYN WRIGHT CHIEF JUSTICE