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Hernandez v. State

Court of Appeals of Texas, Eleventh District
Mar 28, 2024
No. 11-22-00318-CR (Tex. App. Mar. 28, 2024)

Opinion

11-22-00318-CR

03-28-2024

LUIS HERNANDEZ, JR., Appellant v. THE STATE OF TEXAS, Appellee


Do not publish. See Tex. R. App. P. 47.2(b).

On Appeal from the 118th District Court Howard County, Texas Trial Court Cause No. 16195

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

ORDER

PER CURIAM

Appellant, Luis Hernandez, Jr., has filed in this court a pro se motion "for access to the appellate record." In the motion, Appellant seeks from this court a copy of the clerk's record and the reporter's record to use in connection with the preparation of his pro se petition for discretionary review.

There is no requirement that the petition for discretionary review include a copy of the trial record. See Tex. R. App. P. 68.4. The failure to provide a free copy of the record to the appellant does not violate an appellant's right to file a petition for discretionary review, and indigent defendants are not entitled to a free copy of the trial record for preparation of a petition for discretionary review. Ex parte Trainer, 181 S.W.3d 358, 359 (Tex. Crim. App. 2005).

Additionally, Appellant seeks an extension from this court of ninety days for filing his pro se petition for discretionary review. Under Rule 68.2 of the Texas Rules of Appellate Procedure, only the Texas Court of Criminal Appeals has authority to extend the time for filing a petition for discretionary review. Tex.R.App.P. 68.2.

Accordingly, we deny Appellant's motion in its entirety.

It is so ordered.


Summaries of

Hernandez v. State

Court of Appeals of Texas, Eleventh District
Mar 28, 2024
No. 11-22-00318-CR (Tex. App. Mar. 28, 2024)
Case details for

Hernandez v. State

Case Details

Full title:LUIS HERNANDEZ, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District

Date published: Mar 28, 2024

Citations

No. 11-22-00318-CR (Tex. App. Mar. 28, 2024)