Opinion
No. 04-03-00603-CV.
Delivered and Filed: August 27, 2003.
This proceeding arises out of Cause No. 2003-CI-02512, pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable Andy Mireles presiding.
PETITION FOR WRIT OF HABEAS CORPUS DENIED.
Sitting: Alma L. LOPEZ, Chief Justice, Catherine STONE, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
Christopher T. Brady has filed a petition for writ of habeas corpus and a motion for appointment of counsel. Rule 52.3(j) of the Texas Rules of Appellate Procedure sets forth the necessary contents of the appendix to a petition for writ of habeas corpus. The appendix must contain: (1) a certified or sworn copy of any order complained of, or any other document showing the matter complained of; and (2) proof that the relator is being restrained. Tex.R.App.P. 52.(3)(j)(1)(A),(D). In addition, Brady also was required to file "a properly authenticated transcript of any relevant testimony from any underlying proceedings, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained." Tex.R.App.P. 52.7(a)(2). Because Brady has not provided the court with a sufficient record to determine whether he is entitled to the relief sought, the petition for writ of habeas corpus is denied without prejudice to refiling with an appropriate record.