Warren Teel v. State ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00490-CR
WARREN TEEL APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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On November 24, 2010, this court affirmed Appellant Warrant Teel’s
conviction for aggravated robbery with a deadly weapon.2 Appellant
subsequently filed an application for writ of habeas corpus, seeking permission to
file an out-of-time petition for discretionary review, and the trial court
1
See Tex. R. App. P. 47.4.
2
See Teel v. State, No. 02-09-00150-CR, 2010 WL 4812994, at *1–2 (Tex.
App.—Fort Worth Nov. 24, 2010, no pet.) (mem. op., not designated for
publication).
recommended that relief be granted.3 On October 14, 2011, Appellant filed with
the trial court a ―Request for a Free Copy of Clerk’s and Reporter’s Records,‖
which the trial court denied on October 20, 2011. Appellant then filed notice of
this attempted appeal.
On November 15, 2011, we notified Appellant of our concern that we
lacked jurisdiction over this appeal, and we informed him that the appeal would
be dismissed for want of jurisdiction unless he or any party desiring to continue
the appeal filed with the court a response showing grounds for continuing the
appeal. See Tex. R. App. P. 43.2(f). Appellant filed a response, but it does not
present grounds for continuing this appeal.
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 proceedings
when such request is not presented in conjunction with the direct appeal of the
underlying case. See Self v. State, 122 S.W.3d 294, 294–95 (Tex. App.—
Eastland 2003, no pet.); Everett v. State, 91 S.W.3d 386, 386 (Tex. App.—Waco
2002, no pet.); see also Wheeler v. State, No. 02-06-00008-CR, 2006 WL
496015, at *1 (Tex. App.—Fort Worth Mar. 2, 2006, no pet.) (mem. op., not
designated for publication); Binder v. State, No. 02-03-00300-CR, 2003 WL
22430174, at *1 (Tex. App.—Fort Worth Oct. 23, 2003, no pet.) (mem. op., not
3
See Ex parte Teel, No. AP-76685, 2011 WL 5437560, at *1 (Tex. Crim.
App. Nov. 9, 2011) (not designated for publication). The court of criminal
appeals agreed with the trial court and granted Appellant’s request for permission
to file an out-of-time petition for discretionary review. Id.
2
designated for publication). Here, although Appellant has been granted
permission to file an out-of-time petition for discretionary review, the court of
criminal appeals has held that ―nothing in the United States Constitution, the
Texas Constitution, or any statute or rule requires the convicting county to
provide a free copy of the trial record to an appellant for purposes of filing a pro
se petition of discretionary review.‖ Ex parte Trainer, 181 S.W.3d 358, 359 (Tex.
Crim. App. 2005) (orig. proceeding). Accordingly, we dismiss this appeal for
want of jurisdiction. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: GARDNER, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 22, 2011
3