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Bankhead v. State

Court of Appeals of Texas, Eighth District, El Paso
Feb 10, 2004
No. 08-01-00364-CR (Tex. App. Feb. 10, 2004)

Opinion

No. 08-01-00364-CR.

February 10, 2004. DO NOT PUBLISH.

Appeal from the 143rd District Court of Reeves County, Texas, (Tc# 82-07-04333-Crr).

Before Panel No. 2, BARAJAS, C.J., McCLURE, and CHEW, JJ.


MEMORANDUM OPINION


James Henry Bankhead, Appellant, attempts to appeal the trial court's denial of his request to obtain records from a 1982 conviction for the offense of murder. Appellant sought by several requests to obtain these records in order to prepare a post-conviction writ of habeas corpus. The trial court entered an order denying Appellant's requests and he ordered that the case be returned to the closed files. TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2002) provides, "after conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner." Further, a criminal defendant is not entitled to a free record in order to pursue post-conviction habeas corpus relief. In re Strickhausen, 994 S.W.2d 936, 937 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding, pet. ref'd). We note at the outset that no Appellant's brief has been filed in this case. Absent an Appellant's brief, no points of error are properly before the Court. Our examination of the record does not reveal any fundamental error. Accordingly, we affirm the trial court's judgment.


Summaries of

Bankhead v. State

Court of Appeals of Texas, Eighth District, El Paso
Feb 10, 2004
No. 08-01-00364-CR (Tex. App. Feb. 10, 2004)
Case details for

Bankhead v. State

Case Details

Full title:JAMES HENRY BANKHEAD, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Feb 10, 2004

Citations

No. 08-01-00364-CR (Tex. App. Feb. 10, 2004)