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Guadalupe v. State

Court of Appeals Ninth District of Texas at Beaumont
Nov 1, 2017
NO. 09-17-00362-CR (Tex. App. Nov. 1, 2017)

Opinion

NO. 09-17-00362-CR

11-01-2017

EDUARDO CASTILLO GUADALUPE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 435th District Court Montgomery County, Texas
Trial Cause No. 98-07-00880-CR

MEMORANDUM OPINION

Eduardo Castillo Guadalupe filed a notice of appeal from a trial court order denying his request for a free reporter's record of his trial. We questioned our jurisdiction, and the parties filed responses. According to the State, Guadalupe's conviction in this case was affirmed on appeal in February 2000 and the Court of Criminal Appeals denied Guadalupe's habeas petition in 2002. Guadalupe filed a response but failed to establish that a post-conviction proceeding concluded with the signing of an order that is appealable at this time.

See generally Guadalupe v. State, No. 09-99-076 CR, 2000 WL 192139, at *1 (Tex. App.—Beaumont Feb. 16, 2000, no pet.) (mem. op., not designated for publication).

"No 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, 671 (Tex. App.—Waco 2007, no pet.). We dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

/s/_________

HOLLIS HORTON

Justice Submitted on October 31, 2017
Opinion Delivered November 1, 2017
Do Not Publish Before Kreger, Horton and Johnson, JJ.


Summaries of

Guadalupe v. State

Court of Appeals Ninth District of Texas at Beaumont
Nov 1, 2017
NO. 09-17-00362-CR (Tex. App. Nov. 1, 2017)
Case details for

Guadalupe v. State

Case Details

Full title:EDUARDO CASTILLO GUADALUPE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 1, 2017

Citations

NO. 09-17-00362-CR (Tex. App. Nov. 1, 2017)