Opinion
No. 13-09-00449-CR
Opinion delivered and filed January 14, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On appeal from the 398th District Court of Hidalgo County, Texas.
Before Justices YAÑEZ and BENAVIDES and VELA.
MEMORANDUM OPINION
Appellant, Felix Castillo, Jr., attempts to appeal the trial court's denial of his motion requesting a free copy of trial court records. Appellant is seeking these records in order to prosecute a post-conviction writ of habeas corpus. The trial court entered an order denying appellant's motion on April 30, 2009. On August 10, 2009, the Clerk of this Court notified appellant that it appeared that the order from which the appeal was taken was not an appealable order, and requested correction of this defect within ten days or the appeal would be dismissed. Appellant has failed to respond to the Court's directive. Appellant was convicted of murder and attempted capital murder and sentenced to fifty years confinement in the Texas Department of Criminal Justice. Appellant pursued a direct appeal of his convictions and on October 6, 2005, this Court issued a memorandum opinion affirming the judgment of the trial court. See Castillo v. State, 186 S.W.3d 21 (Tex.App.-Corpus Christi 2005, pet. ref'd). The trial court's refusal to provide appellant with a free copy of the record does not invoke our jurisdiction. An intermediate court of appeals is not vested with jurisdiction to consider an appeal from an order denying a request for a free copy of the trial record when such request is not presented in conjunction with a timely-filed appeal. Everett v. State, 91 S.W. 3d 386 (Tex.App.-Waco 2002, no pet'n). Furthermore, an intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases. Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2003); Hoang v. State, 872 S.W.2d 694, 697 (Tex.Cr.App. 1993), cert. den'd, 513 U.S. 863 (1994). Post-conviction writs of habeas corpus are to be filed in the trial court in which the conviction was obtained and made returnable to the Court of Criminal Appeals. Article 11.07. The Court, having examined and fully considered the documents on file, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See Tex. R. App. P. 42.3(a), (c).