                                     In The

                               Court of Appeals
                   Ninth District of Texas at Beaumont
                          ____________________
                             NO. 09-13-00340-CR
                          ____________________

                    AUSTYN LEIGH BAXLEY, Appellant

                                       V.

                      THE STATE OF TEXAS, Appellee
_______________________________________________________          ______________

                   On Appeal from the 435th District Court
                        Montgomery County, Texas
                      Trial Cause No. 11-06-06666 CR
________________________________________________________          _____________

                         MEMORANDUM OPINION

      Austyn Leigh Baxley filed a notice of appeal but he did not make payment

arrangements for the clerk’s record. See Tex. R. App. P. 35.3(a)(2). The appellant

has been represented by retained counsel and he did not file an affidavit of

indigence. The appellant is not entitled to proceed without payment of costs. See

Tex. R. App. P. 20.2. On September 17, 2013, we notified the parties that the

appeal would be dismissed for want of prosecution. No response has been filed.



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There being no satisfactory explanation for the failure to file the clerk’s record, the

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

      APPEAL DISMISSED.


                                              ________________________________
                                                     STEVE McKEITHEN
                                                         Chief Justice



Opinion Delivered November 13, 2013
Do Not Publish

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




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