in Re Charles Matthew Farmer ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-248 CV ____________________

IN RE CHARLES MATTHEW FARMER

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Original Proceeding

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MEMORANDUM OPINION

Charles Matthew Farmer, an inmate confined in the Correctional Institutions Division of the Texas Department of Criminal Justice, seeks mandamus relief to compel the Clerk of the Ninth Court of Appeals to file pages allegedly omitted from the reporter's record in Farmer's appeal in Cause No. B980336-R. We affirmed his conviction in 2003 and we issued our mandate on October 22, 2003. See Farmer v. State, No. 09-01-371 CR, 2003 Tex. App. LEXIS 1348 (Tex. App.- Beaumont Feb. 12, 2003, pet. ref'd) (not designated for publication). The Court of Criminal Appeals subsequently denied habeas corpus relief. See Ex parte Farmer, No. WR-59,944-02 (Tex. Crim. App. Jan. 10, 2005). A petition for writ of habeas corpus filed in federal court was dismissed. See Farmer v. Dretke, No. 1:05cv104, 2005 U.S. Dist. LEXIS 40005 (E.D. Tex. Jan. 20, 2006).

Farmer complains that he was deprived of a complete record for his appeal. Our plenary power to vacate or modify our judgment has expired. See Tex. R. App. P. 19. The appeal is final, and supplementing the record at this time will not revive the appeal or provide Farmer with a vehicle for obtaining a new appellate review of his conviction. Farmer is not presently entitled to relief. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 2004).   

The petition for writ of mandamus, filed June 9, 2006, is DENIED.

PER CURIAM

Opinion Delivered June 29, 2006

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