State v. Jose Homero Moncivais

MEMORANDUM OPINION No. 04-04-00218-CR The STATE of Texas, Appellant v. Jose Homero MONCIVAIS, Appellee From the County Court at Law No. 2, Webb County, Texas Trial Court No. 2001-CRB-000919-L2 Honorable Jesus Garza, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: October 13, 2004 DISMISSED FOR WANT OF PROSECUTION The State has appealed the trial court's granting of appellee's Motion to Dismiss the Complaint and Information. The State's brief was originally due on June 7, 2004. On July 8, 2004, the State filed a "Memorandum," asking this court to "[p]lease use the trial brief in lieu of the appellate brief." The request to use the "Memorandum" was denied, and on July 16, 2004, this court ordered the State to file its appellate brief in this court no later than August 7, 2004. Our order also stated that if the State's brief was not filed by August 7, 2004, the appeal would be subject to dismissal for want of prosecution and that no further extensions would be granted. The State has not filed its brief or a motion for extension of time. Accordingly, on September 9, 2004, this court ordered the State to show cause in writing no later than September 17, 2004 why this appeal should not be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a). The State has not responded. Therefore, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b); see also State v. Garza, 88 S.W.3d 353 (Tex. App.--San Antonio 2002, no pet.) (noting that State's failure to respond to show cause order indicated prosecuting attorney's lack of interest in pursuing appeal). PER CURIAM Do not publish