Montoya, Jesus v. State

Opinion

COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JESUS MONTOYA,                             Appellant, v. THE STATE OF TEXAS,                             Appellee.

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No. 08-02-00182-CR Appeal from the 205th District Court of El Paso County, Texas (TC# 20000D04150)

O P I N I O N

This is an appeal from the trial court=s denial of Appellant=s Motion for Statement of Facts at County Expense.  We reverse and remand.

In his sole issue on appeal, Appellant contends that the court abused its discretion in denying his motion for a reporter=s record at county expense.  In response, the State does not contest Appellant=s assertion and does not oppose Appellant=s request that the trial court be directed to furnish the appellate record to Appellant without charge.  Accordingly, we reverse the order of the trial court denying Appellant=s motion for a free reporter=s record and remand the

cause to the trial court with instructions to cause the preparation of the appellate record at county expense.^[1]

DAVID WELLINGTON CHEW, Justice

December 19, 2002

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

(Do Not Publish)

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^[1]As a result of this decision, the State=s Motion for Extension of Time to File the State=s Brief is denied as moot.