Tyrone Radale Shepard v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00101-CR
TYRONE RADALE SHEPARD,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 17-04108-CRF-272
MEMORANDUM OPINION
Tyrone Shepard has filed a pro se “Notice of Appeal.” Citing article 44.02 of the
Code of Criminal Procedure, Shepard appeals what he describes as “a matter which has
been raised by written motion filed prior to tried [sic].” See generally TEX. CODE CRIM.
PROC. ANN. art. 44.02 (West 2006). Shepard states that whenever a request for a court
reporter is made, the refusal to furnish the court reporter and require a transcription of
the proceedings is per se prejudicial. Shepard prays that this Court order the court
reporter and court coordinator of the trial court to “provide all testimony and evidence
adduced in shorthand or by any method to record all proceedings held in this cause.”
The right of appeal in criminal cases is conferred by the Legislature, and a
defendant may appeal only from judgments of conviction or interlocutory orders
authorized as appealable. See TEX. CODE CRIM. PROC. ANN. art. 44.02; TEX. R. APP. P.
25.2(a)(2); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (“‘[T]he
standard for determining jurisdiction is not whether the appeal is precluded by law, but
whether the appeal is authorized by law.’” (quoting Abbott v. State, 271 S.W.3d 694, 696-
97 (Tex. Crim. App. 2008))). Shepard is not appealing from a judgment of conviction or
an appealable interlocutory order; therefore, we have no jurisdiction over his appeal.1 See
Ragston, 424 S.W.3d at 52; see also Abbott, 271 S.W.3d at 696-97. Accordingly, this appeal
is dismissed.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed March 28, 2018
Do not publish
[CR25]
1And to the extent Shepard is seeking mandamus relief against the court reporter or court coordinator of
the trial court, we have no jurisdiction to issue a writ of mandamus against a court reporter or court
coordinator unless such is necessary to enforce our jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West
Supp. 2017); In re Strickhausen, 994 S.W.2d 936, 936 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).
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