Victor Moreno v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
Nos. 07-21-00269-CR
07-21-00270-CR
________________________
VICTOR MORENO, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 242nd District Court
Swisher County, Texas
Trial Court Nos. A-4582-16-02, A-4583-16-02; Honorable Kregg Hukill, Presiding
November 22, 2021
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant, Victor Moreno, an inmate proceeding pro se, attempts to appeal the
trial court’s orders denying his motion for a free copy of the trial records. We dismiss the
appeals for want of jurisdiction.
In 2016, Appellant was convicted of aggravated assault with a deadly weapon 1
and burglary of a building. 2 He did not immediately appeal his convictions, but instead
filed appeals in 2018. We dismissed the untimely appeals for want of jurisdiction before
the clerk’s record or reporter’s record was created and filed. 3 In October 2021, Appellant
filed a Motion to Permit Discovery of Records Upon Showing of Good Cause / Particular
Need in each trial court cause, requesting copies of the trial record at no cost. The trial
court denied the motion and Appellant appealed.
We have jurisdiction in criminal cases to consider an appeal from a judgment of
guilt or where jurisdiction has been expressly granted by law. See Abbott v. State, 271
S.W.3d 694, 696-97 (Tex. Crim. App. 2008). The trial court’s order denying Appellant’s
request for a free copy of the record is neither a judgment of guilt nor an appealable order.
See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.) (identifying
permissible interlocutory appeals); Evans v. State, No. 09-20-00264-CR, 2020 Tex. App.
LEXIS 10351, at *1 (Tex. App.—Beaumont Dec. 30, 2020, no pet.) (per curiam) (mem.
op., not designated for publication) (“No statute vests this Court with jurisdiction over an
1 TEX. PENAL CODE ANN. § 22.02(a)(2).
2 TEX. PENAL CODE ANN. § 30.02(c)(1).
3 See Moreno v. State, Nos. 07-18-00123-CR, 07-18-00124-CR, 2018 Tex. App. LEXIS 2948, at
*2 (Tex. App.—Amarillo Apr. 25, 2018, no pet.) (per curiam) (mem. op., not designated for publication)
(dismissing Appellant’s untimely appeals from the aggravated assault and burglary convictions); Moreno v.
State, No. 07-20-00136-CR, 2020 Tex. App. LEXIS 5118, at *1 (Tex. App.—Amarillo July 10, 2020, no pet.)
(per curiam) (mem. op., not designated for publication) (dismissing Appellant’s untimely appeal from the
aggravated assault conviction). See also Moreno v. State, No. 07-20-00239-CR, 2018 Tex. App. LEXIS
2948, at *2 (Tex. App.—Amarillo Sept. 15, 2020, no pet.) (per curiam) (mem. op., not designated for
publication) (dismissing appeal from Order on Defendant’s Motion for Court Appointed Counsel for want of
jurisdiction); Moreno v. State, No. 07-21-00065-CR, 2021 Tex. App. LEXIS 3186, at *1-2 (Tex. App.—
Amarillo Apr. 27, 2021, no pet.) (per curiam) (mem. op., not designated for publication) (dismissing appeal
from Order on Defendant’s Motion to Reinstate Appeal for want of jurisdiction).
2
appeal from an order denying a request for a free copy of the trial record when the request
is not presented in conjunction with a timely-filed direct appeal.”).
By letter of October 29, 2021, we directed Appellant to file a response showing
how we have jurisdiction over the appeals. Appellant has filed a response but has not
demonstrated grounds for continuing the appeals.
Accordingly, we dismiss the appeals for want of jurisdiction.
Per Curiam
Do not publish.
3