Peter Paul Chavez v. the State of Texas

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-26-00582-CR

Peter Paul CHAVEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 454th Judicial District Court, Medina County, Texas Trial Court No. 94-05-07233-A-CR Honorable Daniel J. Kindred, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice

Velia J. Meza, Justice

Delivered and Filed: August 19, 2026 DISMISSED FOR WANT OF JURISDICTION Peter Chavez, pro se, attempts to appeal an order denying his motion for a free copy of the transcript of his 1995 sentencing hearing. No statute authorizes an appeal from that order, so we dismiss the appeal for want of jurisdiction.

04-26-00582-CR

BACKGROUND

Chavez was convicted in 1995 in trial court cause number 94-05-07233-A-CR. In May 2026, Chavez wrote the Medina County district clerk requesting copies of documents from the case, including a copy of the sentencing transcript. The clerk replied that the court reporter who took the 1995 proceedings has died and that no reporter’s records from that period remain available.

Chavez then filed a motion for a transcript of the sentencing hearing. He stated that he is indigent, that he is challenging his sentence as illegal under article 11.07 of the Code of Criminal Procedure, and that he needs the transcript to prepare that challenge. The trial court denied the motion by written order signed July 8, 2026. Chavez filed a notice of appeal from the denial.

DISCUSSION

The right of appeal in a criminal case is conferred by the Legislature. TEX. CODE CRIM.

PROC. art. 44.02. The question is not whether an appeal is precluded by law but whether it is authorized by law. Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012); Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). We may review an order other than a judgment of conviction only when a statute expressly authorizes the appeal. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).

Chavez does not appeal from a judgment of conviction. He appeals a postjudgment order, signed more than 30 years after his conviction became final, denying his request for a free copy of part of the record. No statute, rule, or constitutional provision authorizes an appeal from this type of order. Self v. State, 122 S.W.3d 294, 294–95 (Tex. App.—Eastland 2003, no pet.) (dismissing for want of jurisdiction an appeal from the denial of a request for a free copy of the trial court’s records to prosecute a postconviction writ of habeas corpus); see also Abbott, 271 S.W.3d at 697

3

04-26-00582-CR

(no rule, statute, or constitutional provision authorizes an appeal from a postjudgment order denying a motion for time credit). We conclude that we have no jurisdiction over this appeal and dismiss it for want of jurisdiction. TEX. R. APP. P. 43.2(f).

PER CURIAM

DO NOT PUBLISH