Steve Jeffer Carrington v. State

• Court: Court of Appeals of Texas
• Decided: January 13, 2015
• Docket: 01-14-00177-CR
• Status: Published

Opinion

FILED IN 1ST(OURT OFAPPEALS Appeal No's. 01-1.4-00176-CR H,PuSTON, TFVAS 01-14-00177-CR ^ JAN I 3 20J5 01-14-00178-CR CHfilSl OPHER A. PRINE CLERK. STEVE J. CARRINGTON § IN THE FIRST {DISTRICT- SH

-V- COURT OF APPEALS

THE STATE OF TEXAS OF TEXAS

MOTION TO COMPEL THE 400TH DISTRICT COURT TO COMP ,Y

WITH T.R.A.P. RULE 20.2 AND T.C.C.P. ARTICLE 1.051(c )(D

TO THE HONORABLE JUSTICE OF SAID COURT:

Now comes, STEVE J. CARRINGTON, RELATOR, Prose, in the above entitled appeal numbers and respectfully present h|.s Motion To Compel The 400TH District Court To Comply with T.R.&.P. Rule 20.2 And T.C.C.P. Article 1.051(d)(1), and in support of his Motion, Relator shows the following;

DUTIES SOUGHT TO BE COMPELLED.

Relator seeks appointment of appellate counsel to assist him in filing his direct appeal brief, as well, Relator seeks u;$e or to be provided one free copy of the records, reporter 4nd court reporter records, so that he may review and effectively excute his appeal. Relator seeks the 400TH District Court to co4ply with T.R.A.P. Rule 20.2 and T.C.C.P. Art. 1.051(d)(1). II.

ACTION, TAKEN

On February 20, 2014, Relator filed several motions with] the 400TH District Court of Fort Bend County, Texas, 301 Jackson, Richmond, Texas 77469, such as: Notice of Appeal; Motion to Vacatle Mandate; Brief Supporting Notice of Appeal; Motion to Withdraw Plea of Guilty Made Involuntary; and Motion for Appointment of Counsel To File Direct Appeal. On March 18, 2014, Defendant's Request For Trial Transcripts was filed along with a second Motion To Appoint Counsel pursuant to C.C.P. Art. 1.051(d)(1). Both Motions were denied on April 7, 2014. Trial « • u.ra s 3 >6-DCf 'l-1-.'. ; 06-1 R-C {3601; and 06-DCR- 044878

III.

RELIEF SOUGHT

Relator, Pursuant to Code of Criminal Procedure art. l.f)51(d)(l) request the appointment of appellate counsel. Relator is indigent and during pre-trial and the Plea Proceedings relator was and has established his indigentcy. According to Evitts V. L leey, 469 U.S. 387, 105 S.'Ct. 830 (1985), An appellant is entitled to the effective assistance of counsel on appeal. Relator, also request, pursuant to Texas Rules of appellate Procedure, Rule 20.2, to be provided with the records, tie reporter records, that was filed with this court March 12, 2014, and Court

reporter record filed March 10, 2014. Rule 20.2 provides for a free appellate record if appellant is indigent. RelaLor filed with the 400TH District Court a six month print out showing his inability to purchase the records or afford counsel, "he Court of Criminal Appeals has stated, "The absence of an appellate record renders appellant's appeal a meaningless ritual. Ward V. State, 740 S.W. 2d 794, 800 (Tex. Grim. App. 1987); quo tjing Evitts V. Lucey, 469 U.S. 387, 394, 105 S. Ct. 830, 834, 83 l. Ed.

2d 821, 828 (1985).

IV.

CONCLUSION, PRAYER

Relator Prays that the Court grants his Motion and C) mpel the 400TH District Court of Fort Bend County, Texas, to c o n ply with T.R.A.P. Rule 20.2 and T.C.C.P. art. 1.051(d)(1).

STEVE J. CARRINGTON TDCJ #1491488 /I POLUNSKY UNIT 3872 FM 350 SOUTI LIVINGSTON, TEXAS 77351

V.

INMATE DECLERATION

I, STEVE J. CARRINGTON, BEING PRESENTLY INCARCERATED IN ^'HE TEXAS

DEPARTMENT OF CRIMINAL JUSTICE, AT THE ALLEN B. POLUNSKY UNIT, POLK COUNTY, TEXAS, DECLARE UNDER PENALTY OF PERJURY THAT ALL

CLAIMS AND ALLEGATIONS PRESENTED WITHIN THE FOREGOING MOTION ARE TRUE AND CORRECT.

SUBMITTED THE ?g DAY OF TJft/JU^/ 2014 CERTIFICATE OF SERVICE

THIS IS TO CERTIFY THAT A TRUE AND CORRECT COPY OF THE FOREGOING MOTION HAS BEEN SENT TO THIS COURT VIA U.S. POSTAL MAIL.

STEVE J. CARRINGTON

SUBMITTED THE ffifl DAY OF ~~$/yu(j,AA/ , 2014, DATE buOT'ir IILED IN 1st courr OF APPEALS HOUS TON, TEXAS

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