                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-17-00326-CR
                           ____________________


                    EX PARTE BILLY WAYNE BARTON

_______________________________________________________            ______________

                    On Appeal from the 258th District Court
                             Polk County, Texas
                           Trial Cause No. 24667
________________________________________________________             _____________

                          MEMORANDUM OPINION

      On September 11, 2017, we notified the parties that the appeal would be

dismissed for want of prosecution unless arrangements were made for filing the

record or the appellant explained why he needed more time for filing the record. See

Tex. R. App. P. 37.3(b). The appellant did not file a response. It appears that the

appellant is not entitled to proceed without payment of costs. See Tex. R. App. P.

20.2. There being no satisfactory explanation for the failure to file the record, the

appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

      APPEAL DISMISSED.

                                         1
                                           ________________________________
                                                  STEVE McKEITHEN
                                                      Chief Justice


Submitted on October 17, 2017
Opinion Delivered October 18, 2017
Do Not Publish

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




                                       2
