Roy Smith v. State

In The Court of Appeals Ninth District of Texas at Beaumont ______________________ NO. 09-08-119 CR NO. 09-08-120 CR NO. 09-08-121 CR ______________________ ROY SMITH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 75th District Court Liberty County, Texas Trial Cause Nos. CR25689, CR25690 and CR25705 MEMORANDUM OPINION On March 20, 2008, we notified the parties that our jurisdiction was not apparent from the notices of appeal, and notified them that the appeals would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeals. The appellant did not file a response. The notices of appeal seek to appeal the trial court's order denying a motion to have the court reporter's record transcribed in three cases in which no appeal was taken and the judgments became final. An indigent appellant has a right to obtain a reporter's record without charge in connection with an initial appeal. See Ex parte Trainer, 181 S.W.3d 358, 358-59 (Tex. Crim. App. 2005). However, "[n]o statute vests this court with jurisdiction over an appeal from an order denying a request for a free copy of the trial record when such a request is not presented in conjunction with a timely filed direct appeal." Clegg v. State, 214 S.W.3d 671 (Tex. App.--Waco 2007, no pet.) Accordingly, the appeals are dismissed for want of jurisdiction. APPEAL DISMISSED FOR LACK OF JURISDICTION. ______________________________ DAVID GAULTNEY Justice Opinion Delivered May 21, 2008 Do Not Publish Before Gaultney, Kreger, and Horton, JJ.