*1 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 *2 ________________________________ 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Do Not Publish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.

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