Opinion
No. 05-17-01460-CR
01-09-2018
EX PARTE MICHAEL D. WILLIAMS
On Appeal from the County Criminal Court of Appeals No. 2 Dallas County, Texas
Trial Court Cause No. MC16-A1501-D
ORDER
Before the Court is appellant's January 4, 2018 motion requesting the appellate court to order a timely appellate record. In his motion, appellant requests that this Court order the trial court to rule upon his trial court motion requesting a free copy of the appellate record. He further contends that without a free copy of the record, he cannot verify whether the trial court clerk included within the clerk's record some additional documents he requested that were not placed before the trial court in connection with his habeas application, but that he contends would be relevant to the appellate court's resolution of his appeal.
Appellant's motion is DENIED. See In re Bonilla, 424 S.W.3d 528, 532 (Tex. Crim. App. 2014) (concluding indigent applicants do not have a right to a free record to pursue collateral attacks upon their convictions); Ex parte Storm, 49 S.W.3d 401, 402 (Tex. App.—Fort Worth 2000, no pet.) (appellate review of decision on habeas application limited to record as it existed before the trial court); see also Ex parte Simpson, 136 S.W.3d 660, 668-69 (Tex. Crim. App. 2004) (explaining in connection with article 11.071 writ why appellate court's review of record is generally limited to evidence before trial court at time of trial court's ruling).
/s/ ADA BROWN
JUSTICE