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Self v. State

Court of Appeals of Texas, Eleventh District, Eastland
Aug 29, 2003
122 S.W.3d 294 (Tex. App. 2003)
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Summary

holding appellate court has no jurisdiction over appeal from trial court's order denying request for a copy of appellate record unless order is entered in conjunction with appeal over which court has jurisdiction

Summary of this case from Zamora v. State
See 12 Summaries

Opinion

No. 11-03-00233-CR.

August 29, 2003.

Appeal from Eastland County.

Appeal dismissed.

Leonard Marion Self, Amarillo, pro se.

Russell D. Thomason, Criminal Dist. Atty., Eastland, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

W.G. ARNOT, III, Chief Justice.

Appellant seeks to appeal the trial court's denial of his motion requesting a free copy of trial court records. The trial court entered an order denying appellant's motion on July 9, 2003. Other than the order and appellant's notice of appeal, no other documents from the trial court clerk's record have been made a part of the appellate record in this cause. In order to expedite the consideration of this appeal, we have taken judicial notice of the trial court's file. See TEX. GOV'T CODE ANN. § 22.220(c) (Vernon 1988); TEX.R.EVID. 201. Appellant pleaded guilty on November 20, 2001, to the offense of murder. He did not pursue a direct appeal of his murder conviction. He filed a motion requesting a free copy of trial court records on May 22, 2003. As per the motion, appellant seeks a free copy of the trial court records in order to prosecute a post-conviction writ of habeas corpus.

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 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. PRO. 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.

Accordingly, this appeal is dismissed for want of jurisdiction.

Summaries of

Self v. State

Court of Appeals of Texas, Eleventh District, Eastland
Aug 29, 2003
122 S.W.3d 294 (Tex. App. 2003)

holding appellate court has no jurisdiction over appeal from trial court's order denying request for a copy of appellate record unless order is entered in conjunction with appeal over which court has jurisdiction

Summary of this case from Zamora v. State

holding that appellate court has no jurisdiction over appeal from trial court's order denying request for a copy of the appellate record unless the order is in conjunction with an appeal over which it has jurisdiction

Summary of this case from Franklin v. State

holding that an appellate court has no jurisdiction over an appeal from an order denying a request for a free copy of the record unless the request is presented in conjunction with a timely-filed appeal

Summary of this case from Llamas v. State

holding that appellate court has no jurisdiction over appeal from trial court's order denying request for a copy of the record unless the order is in conjunction with an appeal over which it has jurisdiction

Summary of this case from Jackson v. State

dismissing appeal for want of jurisdiction where trial court denied appellant's request for free copy of trial court's records to prosecute postconviction writ of habeas corpus

Summary of this case from Bradley v. State

dismissing appeal for want of jurisdiction where trial court denied appellant's request for free copy of trial court's records to prosecute postconviction writ of habeas corpus

Summary of this case from Loynachan v. State

dismissing appeal for want of jurisdiction where trial court denied appellant's request for free copy of trial court's records to prosecute post-conviction writ of habeas corpus

Summary of this case from Poole v. State

dismissing appeal for want of jurisdiction where trial court denied appellant's request for free copy of trial court's records to prosecute postconviction writ of habeas corpus

Summary of this case from Hayman v. State

dismissing appeal for want of jurisdiction where trial court denied appellant's request for free copy of trial court's records to prosecute post-conviction writ of habeas corpus

Summary of this case from Peters v. State

dismissing an appeal for want of jurisdiction where trial court denied appellant's request for a free copy of the trial court's records in order to prosecute a post-conviction writ of habeas corpus

Summary of this case from Reger v. Criminal Dist. Attorney of Tarrant Cnty.

dismissing appeal for want of jurisdiction where trial court denied appellant's request for free copy of trial court's records to prosecute post-conviction writ of habeas corpus

Summary of this case from Jackson v. State

dismissing an appeal for want of jurisdiction where trial court denied appellant's request for a free copy of the trial court's records in order to prosecute a post-conviction writ of habeas corpus

Summary of this case from Reger v. Criminal Dist.
Case details for

Self v. State

Case Details

Full title:LEONARD MARION SELF, Appellant, v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Aug 29, 2003

Citations

122 S.W.3d 294 (Tex. App. 2003)

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