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In re Nelson

Court of Appeals of Texas, Waco
Feb 3, 1999
982 S.W.2d 957 (Tex. App. 1999)

Opinion

No. 10-99-023-CR.

February 3, 1999.

Paul Guillotte, Jr., Gatesville, for Relator.

Susan R. Stephens, Judge, Gatesville, for Respondent.

Riley J. Simpson, Dist. Atty., Gatesville, for Appellee.

Before Chief Justice DAVIS, Justice VANCE and Justice GRAY.


OPINION


Eara Nelson was convicted of indecency with a child and placed on probation. When his probation was revoked, he gave written notice of appeal and asked the trial court to provide a free reporter's record for the appeal. See Tex.R.App.P. 20. After hearing evidence about Nelson's financial status, the court denied his request. Nelson brings this mandamus proceeding, seeking to challenge the court's order denying him a free reporter's record. Id.

Although an appellant may contest the trial court's denial of indigency status on appeal, he may not challenge it by petition for writ of mandamus. See Abdnor v. Ovard, 653 S.W.2d 793, 794 (Tex.Crim.App. 1983); Hendren v. Paxson, 951 S.W.2d 496, 497 (Tex.App.-El Paso 1997, no pet.).

Accordingly, relator's request for mandamus relief is denied.


Summaries of

In re Nelson

Court of Appeals of Texas, Waco
Feb 3, 1999
982 S.W.2d 957 (Tex. App. 1999)
Case details for

In re Nelson

Case Details

Full title:In re Eara John NELSON

Court:Court of Appeals of Texas, Waco

Date published: Feb 3, 1999

Citations

982 S.W.2d 957 (Tex. App. 1999)

Citing Cases

Nelson v. State

We noted that it may be challenged by direct appeal. See In re Nelson, 982 S.W.2d 957 (Tex.App.-Waco, no…