Roy Smith v. State
This text of Roy Smith v. State (Roy Smith v. State) 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
MEMORANDUM OPINION
On March 20, 2008, we notified the parties that our jurisdiction was not apparent from the notices of appeal, and notified them that the appeals would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeals. The appellant did not file a response.
The notices of appeal seek to appeal the trial court's order denying a motion to have the court reporter's record transcribed in three cases in which no appeal was taken and the judgments became final. An indigent appellant has a right to obtain a reporter's record without charge in connection with an initial appeal. See Ex parte Trainer, 181 S.W.3d 358, 358-59 (Tex. Crim. App. 2005). However, "[n]o statute vests this court with jurisdiction over an appeal from an order denying a request for a free copy of the trial record when such a request is not presented in conjunction with a timely filed direct appeal." Clegg v. State, 214 S.W.3d 671 (Tex. App.--Waco 2007, no pet.)
Accordingly, the appeals are dismissed for want of jurisdiction.
APPEAL DISMISSED FOR LACK OF JURISDICTION.
______________________________
DAVID GAULTNEY
Justice
Opinion Delivered May 21, 2008
Do Not Publish
Before Gaultney, Kreger, and Horton, JJ.
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