Summary
stating that no statute vests this court with such jurisdiction
Summary of this case from Rice v. StateOpinion
NO. 02-16-00039-CR
03-24-2016
MARIO YOVANOVITCH APPELLANT v. THE STATE OF TEXAS STATE
FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
TRIAL COURT NO. 1238882D MEMORANDUM OPINION
In 2013, we affirmed Appellant Mario Yovanovitch's convictions for aggravated robbery with a deadly weapon. See Yovanovitch v. State, Nos. 02-11-00534-CR, 02-11-00535-CR, 2013 WL 827548 (Tex. App.—Fort Worth Mar. 7, 2013, no pet.) (mem. op., not designated for publication). He now attempts to appeal the trial court's November 19, 2015 and December 11, 2015 orders denying his pro se motions for a free copy of the record to pursue a postconviction application for writ of habeas corpus under article 11.07 of the code of criminal procedure. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West 2015). On February 17, 2016, we notified Yovanovitch of our concern that we lack jurisdiction over this appeal because the trial court had not entered any appealable orders, and we informed him that the appeal may be dismissed for want of jurisdiction unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. See Tex. R. App. P. 43.2(f); 44.3. Yovanovitch filed a response, but it does not show grounds for continuing the appeal.
No statute vests this court with jurisdiction over an appeal from an order denying a request for a free copy of the trial record when the request is not presented in conjunction with a timely filed direct appeal. Perkins v. State, No. 03-12-00832-CR, 2013 WL 1315088, at *1 (Tex. App.—Austin Mar. 27, 2013, no pet.) (mem. op., not designated for publication); McIntyre v. State, Nos. 09-13-00274-CR, 09-13-00275-CR, 2013 WL 4400264, at *1 (Tex. App.—Beaumont Aug. 14, 2013, no pet.) (mem. op., not designated for publication). Accordingly, we dismiss this appeal for want of jurisdiction.
PER CURIAM PANEL: MEIER, GABRIEL, and SUDDERTH, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: March 24, 2016
See Tex. R. App. P. 47.4.