Shannon Day v. State of Texas ( 2007 )


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  • Opinion filed September 6, 2007

     

     

    Opinion filed September 6, 2007

     

     

     

     

     

     

                                                                            In The

                                                                                 

        Eleventh Court of Appeals

                                                                       __________

     

                                                              No. 11-07-00172-CV

                                                        __________

     

                                            SHANNON DAY, Appellant

     

                                                                 V.

     

                                            STATE OF TEXAS, Appellee

     

      

     

                                            On Appeal from the 142nd District Court

     

                                                             Midland County, Texas

     

                                                    Trial Court Cause No. CV-45,328

     

      

     

                                                 M E M O R A N D U M   O P I N I O N

    On June 7, 2007, the trial court signed the order denying Shannon Day=s pro se petition to expunge his records.  Day filed his notice of appeal on June 22, 2007.  Day did not file an affidavit of inability to pay costs on appeal at that time.


    In letters dated June 27, 2007, July 13, 2007, and August 6, 2007, the clerk of this court notified Day that, because an affidavit in compliance with Tex. R. App. P. 20.1(c)(1) had not been filed, Day was required to file the requisite filing fee.  In the August 6 letter, Day was directed to file the required fee on or before August 17, 2007.  Day has responded by filing an affidavit of inability  to pay costs.  However, the affidavit is not timely.  Day has failed to comply with both Rule 20.1(c)(1) and this court=s August 17 directive.

    The appeal is dismissed.

     

    PER CURIAM

     

    September 6, 2007

    Panel consists of:  Wright, C.J.,

    McCall, J., and Strange, J.

Document Info

Docket Number: 11-07-00172-CV

Filed Date: 9/6/2007

Precedential Status: Precedential

Modified Date: 9/10/2015