Salvador Zarate v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00485-CR

Salvador ZARATE,

Appellant v.

The STATE of Texas,

Appellee

From the 381st Judicial District Court, Starr County, Texas Trial Court No. 15-CRS-402

Honorable Jose Luis Garza, Judge Presiding PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: September 28, 2016

DISMISSED FOR WANT OF PROSECUTION

The clerk’s record was due to be filed in this appeal on September 8, 2016. On September 8, 2016, the trial court clerk filed a notification of late record stating the clerk’s record had not been filed because appellant had failed to pay or make arrangements to pay the clerk’s fee for preparing the record and appellant is not entitled to appeal without paying the fee.

On September 9, 2016, appellant was ordered to provide written proof to this court by September 19, 2016 that either: (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. 1 The order stated if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant did not respond to this court’s order. Accordingly, this appeal is dismissed for want of prosecution. See id. PER CURIAM DO NOT PUBLISH