State v. Juan Ismael De La Garza, Jr.

NUMBER 13-00-216-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI ____________________________________________________________________ THE STATE OF TEXAS , Appellant, v. JUAN ISMAEL DELAGARZA, JR. , Appellee. ____________________________________________________________________ On appeal from the 377th District Court of Victoria County, Texas. ____________________________________________________________________ O P I N I O N Before Justices Hinojosa, Yañez, and Chavez Opinion Per Curiam Appellant, THE STATE OF TEXAS, perfected an appeal from an order entered by the 377th District Court of Victoria County, Texas, in cause number 99-2-17,595-D. The clerk's record was filed on May 30, 2000. The reporter's record was filed on June 30, 2000. The State's brief was due on July 30, 2000. To date, no appellate brief has been received. On August 22, 2000, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 38.8(a)(1). The State was given ten days to explain why the cause should not be dismissed for failure to file a brief. To date, no response has been received. Under these circumstances, the State's failure to file a brief constitutes abandonment of the appeal. See State v. Palacios, 968 S.W.2d 467, 468 (Tex.App. -- Fort Worth 1998, no pet.); State v. Crawford, 807 S.W.2d 892, 893 (Tex. App.--Houston [1st Dist.] 1991, no pet.); State v. Sanchez, 764 S.W.2d 920, 921 (Tex. App.--Austin 1989, no pet.). The Court, having examined and fully considered the documents on file, the State's failure to file a proper appellate brief, this Court's notice, and the State's failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION. PER CURIAM Do not publish. Tex. R. App. P. 47.3. Opinion delivered and filed this the 28th day of September, 2000