Jimmy James Brite v. State

Fourth Court of Appeals San Antonio, Texas December 5, 2016

No. 04-15-00721-CR

Jimmy James BRITE, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR1419 Honorable Ray Olivarri, Judge Presiding

ORDER Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice

Appellant was represented by appointed counsel in this appeal. On November 2, 2016, we issued our opinion and judgment affirming the trial court’s judgment. Appellant, pro se, has filed a motion for a free copy of the appellate record. “[N]othing in the United States Constitution, the Texas Constitution, or any statute or rule requires the convicting county to provide a free copy of the trial record to an appellant for purposes of filing a pro se petition of discretionary review.” Ex parte Trainer, 181 S.W.3d 358, 359 (Tex. Crim. App. 2005). Accordingly, we deny the motion.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of December, 2016.

___________________________________ Keith E. Hottle Clerk of Court