Opinion
No. 04-16-00241-CR
01-08-2018
Cody Allen WATERS, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR1094
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Irene Rios, Justice
On November 22, 2017, this court issued an opinion affirming the trial court's judgment. On December 14, 2017, appellant filed a pro se motion in this court requesting a free copy of the appellate record for purposes of filing a petition for discretionary review.
An indigent appellant's right to obtain a free copy of the appellate record in connection with an initial direct appeal does not extend to discretionary review by the Texas Court of Criminal Appeals. TEX. R. APP. P. 20.2; Ex parte Trainer, 181 S.W.3d 358, 358-59 (Tex. Crim. App. 2005). The Court of Criminal Appeals has held that even though an appellant has the right to file a petition for discretionary review, there is no constitutional or statutory requirement that the record be provided to appellant at no cost for purposes of preparing and filing a pro se petition for discretionary review. Trainer, 181 S.W.3d at 359. This principle extends to the filing of a pro se motion for rehearing of the refusal of a petition for discretionary review. See TEX. R. APP. P. 79. Under Trainer, we have no choice but to deny appellant's motion. Accordingly, appellant's motion is DENIED.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of January, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court