Ex Parte Albert v. Jessep

• Court: Court of Appeals of Texas
• Decided: January 27, 2010
• Docket: 07-09-00367-CR
• Status: Published

Opinion

NOS. 07-09-0367-CR, 07-09-0368-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JANUARY 27, 2010

______________________________

EX PARTE ALBERT V. JESSEP

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FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;

NO. 51,224-A, 51, 225-A; HONORABLE HAL MINER, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ORDER

            Appellant Albert V. Jessep, acting pro se, has pursued in the trial court a subsequent application for writ of habeas corpus, pursuant to article 11.072 of the Texas Code of Criminal Procedure.¹  His first application was denied by the trial court, and we affirmed its denial.²  Appellant filed his subsequent application on October 1, 2009, and the trial court signed an order November 3, 2009, denying the subsequent application.  Appellant has filed notice of appeal from the order.

            The clerk's record for this appeal has not been filed. The trial court clerk has requested an extension of time to prepare the record, advising us that appellant has not made arrangements to pay for the record.  The trial court clerk also has expressed uncertainty over the necessary contents of the record.  Along with his subsequent application for writ of habeas corpus filed in the trial court on October 1, appellant submitted an affidavit asserting his indigence.  In a motion filed in this Court, and in a response to the clerk’s request for an extension, appellant has asserted his entitlement to a free record.  See Tex. R. App. P. 20.2, 31.1.

            Although appellant’s assertions demonstrate some misunderstanding of the procedures necessary to obtain a free appellate record, to expedite the appeal in these peculiar circumstances,³ we will exercise our authority under Rule of Appellate Procedure 2, and order the preparation of a clerk’s record for the appeal of the trial court’s order denying appellant’s subsequent application for writ of habeas corpus.  Tex. R. App. P. 2.  The trial court clerk is directed to prepare and submit two clerk’s records containing the papers appellant filed in cause numbers 51,224-A and 51,225-A on October 1, 2009, and all papers filed in those causes since that date.  The records shall be prepared without cost to appellant and shall be filed with this Court’s clerk no later than February 11, 2010.  The trial court clerk’s request for an extension to submit the record is granted to that date, but is otherwise denied.  Appellant’s motion seeking a free record is granted.  All other relief requested in appellant’s Motion to Permit Appellant to Proceed In Forma Pauperis on Subsequent Writ of Habeas Corpus is denied.

            It is so ordered.

                                                                                                Per Curiam

Do not publish.

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     ¹ Tex. Code Crim. Proc. Ann. art. 11.072, sec. 9 (Vernon 2003) (addressing subsequent applications).                       

     ²  Appellant seeks habeas corpus relief from orders imposing community supervision in two possession of child pornography cases, trial court cause numbers 51,224-A and 51,225-A. See Ex parte Jessep, 281 S.W.3d 675 (Tex.App.–Amarillo 2009, pet. ref’d).

     ³  Our judgment and mandate in his appeal of the denial of appellant’s original habeas corpus application indicated appellant proceeded “in forma pauperis.”  It appears from the information before us that appellant’s financial condition has not changed significantly.