Gabriel Martinez v. the State of Texas
This text of Gabriel Martinez v. the State of Texas (Gabriel Martinez v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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Fourth Court of Appeals San Antonio, Texas November 10, 2021
No. 04-19-00084-CR
Gabriel MARTINEZ, Appellant
v.
The STATE of Texas, Appellee
From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR7552 Honorable Ron Rangel, Judge Presiding
ORDER
Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori I. Valenzuela, Justice
On October 14, 2020, this court affirmed appellant Gabriel Martinez’s conviction for murder.1 This court’s mandate issued on January 7, 2021 and has not been recalled. Martinez subsequently filed a writ of habeas corpus seeking permission to file an out-of-time petition for discretionary review in the Texas Court of Criminal Appeals. On September 15, 2021, the Court of Criminal Appeals granted Martinez permission to file an out-of-time petition for discretionary review. On October 12, 2021, Martinez filed a motion in this court requesting free copies of the clerk’s record and reporter’s record to use in preparation of his petition for discretionary review. An indigent defendant is not entitled to a free copy of the trial record for preparation of a petition for discretionary review. See Ex parte Trainer, 181 S.W.3d 358, 359 (Tex. Crim. App. 2005).
Furthermore, we have no jurisdiction to entertain a motion “requesting free copies of the record long after [this] [c]ourt’s mandate has issued[.]” See Conner v. State, 588 S.W.3d 702, 704 (Tex. App.—Waco 2019, order). Because we do not have jurisdiction to rule on the motion, Martinez’s motion requesting free copies of the clerk’s record and reporter’s record is DISMISSED FOR LACK OF JURISDICTION.
1See Martinez v. State, No. 04-19-00084-CR, 2020 WL 6048780, at *3 (Tex. App.—San Antonio Oct. 14, 2020, no pet.) (mem. op., not designated for publication), habeas corpus granted sub nom. Ex parte Martinez, No. WR- 93,029-01, 2021 WL 4186717, at *1 (Tex. Crim. App. Sept. 15, 2021) (per curiam) (not designated for publication). FILE COPY
It is so ORDERED November 10, 2021.
PER CURIAM
ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT
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