Robinett, Cedrick Anderson v. State ( 2005 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00029-CR

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CEDRICK ANDERSON ROBINETT, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 268th Judicial District Court

Fort Bend County, Texas

Trial Court No. 38,389

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          Cedrick Anderson Robinett appeals from his conviction for arson. He was sentenced to twenty-five years' imprisonment and a $5,000.00 fine. His motion to declare indigency and to obtain appointed counsel for appeal was denied December 13, 2004.

          Robinett filed his notice of appeal December 14, 2004. The clerk's record was filed April 21, 2005, and the reporter's record was filed April 11, 2005. Robinett's brief was thus due to be filed May 11, 2005. Robinett is representing himself on appeal.

          Robinett has made no effort to take the steps necessary to file a brief in his appeal. On July 12, 2005, we sent Robinett a letter warning him that, if he did not take some affirmative action within thirty days showing his intention to pursue the appeal by filing his appellate brief and a motion to extend time to file the brief, we would be forced to take other action in his case. In these circumstances, the failure to file a brief is solely attributable to Robinett's choices, and the filing of the brief is Robinett's sole responsibility. The brief is now 120 days past due. Robinett has not contacted this Court during the pendency of his appeal.

          Accordingly, we dismiss this appeal, under our inherent authority, for want of prosecution. Stavinoha v. State, 82 S.W.3d 690, 691 (Tex. App.—Waco 2002, no pet.); Bush v. State, 80 S.W.3d 199, 200 (Tex. App.—Waco 2002, no pet.); see also McDaniel v. State, 75 S.W.3d 605, 605–06 (Tex. App.—Texarkana 2002, no pet.); Rodriguez v. State, 970 S.W.2d 133, 135 (Tex. App.—Amarillo 1998, pet. ref'd).

          We dismiss the appeal for want of prosecution.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      September 12, 2005

Date Decided:         September 13, 2005

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