IN THE TENTH COURT OF APPEALS No. 10-23-00053-CV DERRICK WAYNE MCDONALD, Appellant v. THE STATE OF TEXAS, Appellee

From the 74th District Court McLennan County, Texas Trial Court No. 2022-600-3

MEMORANDUM OPINION

Appellant, Derrick Wayne McDonald, a prison inmate, has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing the time to file a brief), 38.8(a) (governing the failure of appellant to file a brief). After being notified that this appeal was subject to dismissal, appellant did not respond. See id. at R. 42.(b) (allowing involuntary dismissal of a case). Accordingly, we dismiss the appeal for want of prosecution for failure to timely file a brief.

STEVE SMITH Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith, Appeal dismissed Opinion delivered and filed May 10, 2023 [CV06]

McDonald v. State Page 2