Juan Jose Moreno v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00109-CR
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JUAN JOSE MORENO, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 22-04-04234-CR
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MEMORANDUM OPINION

Although Juan Jose Moreno filed a notice of appeal, he failed to arrange to

pay for the clerk’s record. See Tex. R. App. P. 35.3(a)(2). On April 30, 2024, the

Clerk of the Court notified the parties that unless Moreno arranged to file the clerk’s

record or explained why he needed additional time to do so, his appeal in Trial Court

Cause Number 22-04-04234-CR would be dismissed for want of prosecution. The

Court, however, has not received a response to its request.

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Retained counsel has represented Moreno in his appeal. Moreno has also not

filed an affidavit of indigence, and nothing in the appellate record shows that Moreno

is entitled to proceed without paying costs. See id. 20.2.

Because Moreno has not explained why he failed to file the record in his

appeal, the appeal is dismissed for want of prosecution. See id. 37.3(b), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 18, 2024
Opinion Delivered June 19, 2024
Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.

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