Gabriel Sanchez v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledJuly 17, 2026
Docket03-25-00983-CR
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00983-CR
Gabriel Sanchez, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 5 OF WILLIAMSON COUNTY
NO. 25-05182-5, THE HONORABLE WILL WARD, JUDGE PRESIDING
MEMORANDUM OPINION
Gabriel Sanchez filed a pro se appeal challenging the trial court’s judgment
finding him guilty of speeding. See Tex. Transp. Code § 545.351. On April 7, 2026, the clerk of
this Court informed Sanchez by letter that no clerk’s record had been filed due to his failure to
pay or arrange to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested
that he provide written verification by April 17, 206, that he had paid for the clerk’s record, made
payment arrangements for the record, or had been deemed indigent. Further, the notice advised
him that his failure to comply with this request could result in the dismissal of the appeal for
want of prosecution. He subsequently requested that the appellate deadlines be stayed pending
resolution of a related mandamus proceeding before the Supreme Court. The appellate deadlines
were stayed, but the case was reinstated when the Supreme Court denied his mandamus petition.
See In re Sanchez, No. 26-0169 (Tex. 2026) (orig. proceeding). Following reinstatement, the
clerk of this Court sent Sanchez another notice informing him that no clerk’s record had been
filed and requesting written verification by July 13, 2026, that he had paid for the clerk’s record,
made payment arrangements for the record, or had been deemed indigent. To date, Sanchez has
not complied with the requirements set out above, and the clerk’s record has not been filed.
If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to
pay or arrange to pay for the clerk’s fee for preparing the record, the appellate court may dismiss
the appeal for want of prosecution unless the appellant was entitled to proceed without payment
of costs. Tex. R. App. P. 37.3(b). In this case, Sanchez has not established that he is entitled to
the appellate record without payment of costs. See id. R. 20.2. Because he has failed to pay or
arrange to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of
prosecution. See id. R. 37.3(b); Travis v. State, No. 03-13-00791-CR, 2014 WL 2154094, at *1
(Tex. App.—Austin May 15, 2015, no pet.) (mem. op., not designated for publication).
__________________________________________
Karin Crump, Justice
Before Justices Triana, Crump, and Ellis
Dismissed for Want of Prosecution
Filed: July 17, 2026
Do Not Publish
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