Carlos B. Valenzuela v. State ( 2008 )


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  • In The

    Court of Appeals

    Sixth Appellate District of Texas at Texarkana



    ______________________________


    No. 06-08-00144-CR

    ______________________________




    CARLOS B. VALENZUELA, Appellant


    V.


    THE STATE OF TEXAS, Appellee





    On Appeal from the County Court at Law No. 3

    Collin County, Texas

    Trial Court No. 003-81833-08









    Before Morriss, C.J., Carter and Moseley, JJ.

    Memorandum Opinion by Chief Justice Morriss


    MEMORANDUM OPINION


    Carlos B. Valenzuela has appealed from a speeding ticket. In the absence of a record, it appears from our review of the appellate docketing statement that he chose to act pro se at trial and remains pro se on appeal. The appellate docketing statement also indicates that the judgment was signed May 8, 2008, and that Valenzuela filed his notice of appeal June 5, 2008. (1) According to the information available to this Court, the record was due to be filed by September 5, 2008.

    On September 29, 2008, this Court sent Valenzuela a letter explaining to him that, as a nonindigent, he was responsible for obtaining and paying for the preparation of the appellate record and that it was past due. We then warned him that, if we did not receive information showing that he was making a tangible and substantial effort to prosecute the appeal by showing a reasonable attempt to obtain the clerk's and reporter's records within ten days, we would conclude that he no longer wished to pursue the appeal and that it would be subject to dismissal for want of prosecution. See Rodriguez v. State, 970 S.W.2d 133 (Tex. App.--Amarillo 1998, pet. ref'd); see also Tex. R. App. P. 37.3(b). His response was due by October 9, 2008.

    The matter has now been referred to the Court.

    To date, this Court has received no further communication from Valenzuela, and no portion of the record has been filed.

    Over sixty days has elapsed. We find no evidence of any tangible effort by Valenzuela, or on his behalf, to pursue his appeal in the face of appropriate warnings.

    For that reason, we dismiss the appeal for want of prosecution.





    Josh R. Morriss, III

    Chief Justice



    Date Submitted: December 30, 2008

    Date Decided: December 31, 2008



    Do Not Publish

    1. This appeal was transferred to this Court from the Dallas Court of Appeals as part of the docket equalization procedure instituted by the Texas Supreme Court.

    al court's decision to revoke his community supervision for the offense of burglarizing a habitation. The issues Cruz raises in this case are identical to those he raised in Cruz v. State, No. 06-04-00065-CR. Since the issues and arguments are identical in both cases, for the reasons stated in Cruz v. State, No. 06-04-00065-CR, we affirm the trial court's judgment in this case.

     


                                                                            Jack Carter

                                                                            Justice

     

    Date Submitted:          January 10, 2005

    Date Decided:             January 25, 2005


    Do Not Publish

Document Info

Docket Number: 06-08-00144-CR

Filed Date: 12/31/2008

Precedential Status: Precedential

Modified Date: 9/7/2015