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Lherault v. State

Fourth Court of Appeals San Antonio, Texas
Mar 22, 2017
No. 04-17-00085-CR (Tex. App. Mar. 22, 2017)

Opinion

No. 04-17-00085-CR

03-22-2017

Charles LHERAULT, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR10281
Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED FOR WANT OF JURISDICTION

Charles Lherault filed a notice of appeal on February 14, 2017, referencing the trial court cause number 2013CR10281. In his notice of appeal, Lherault requested "all transcripts and court reports on [January 24, 2017]." The trial court clerk filed the clerk's record showing Lherault's convictions in this case are from 2014; the trial court imposed sentence in 2014; and Lherault appealed his convictions in 2014. We ordered Lherault to show cause why this case should not be dismissed for want of jurisdiction.

Lherault also filed a petition for writ of mandamus in this court, complaining of the trial court's failure to rule on his "motion for transcripts, court reports, all reports, [and] letters." We dismissed Lherault's petition for writ of mandamus because he filed an unopposed motion to dismiss the proceeding. In re Lherault, No. 04-17-00027-CR, 2017 WL 685707, at *1 (Tex. App.—San Antonio Feb. 22, 2017, orig. proceeding) (mem. op., not designated for publication).

Lherault filed a response stating he is not appealing his convictions; he is appealing only the denial of his "request for all transcripts made." This court has jurisdiction over appeals from final convictions and other interlocutory orders as prescribed by statute. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). According to Lherault's response, he is not appealing his convictions. Furthermore, the "denial of an appellant's request for a transcript is not an appealable order." See Herrera v. State, No. 14-04-00117-CR, 2004 WL 350063, at *1 (Tex. App.—Houston [14th Dist.] Feb. 26, 2004, no pet.) (mem. op., not designated for publication). We therefore dismiss this appeal for want of jurisdiction. See Ragston, 424 S.W.3d at 52.

PER CURIAM DO NOT PUBLISH


Summaries of

Lherault v. State

Fourth Court of Appeals San Antonio, Texas
Mar 22, 2017
No. 04-17-00085-CR (Tex. App. Mar. 22, 2017)
Case details for

Lherault v. State

Case Details

Full title:Charles LHERAULT, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 22, 2017

Citations

No. 04-17-00085-CR (Tex. App. Mar. 22, 2017)