Christopher Timothy Brady v. State

Fourth Court of Appeals San Antonio, Texas March 17, 2020

No. 04-19-00401-CR

Christopher Timothy BRADY, Appellant

v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No. 8, Bexar County, Texas Trial Court No. 559662 Honorable Mary D. Roman, Judge Presiding

ORDER On February 5, 2020, this court issued its opinion and judgment in this appeal. On February 24, 2020, appellant filed a pro se motion stating he is indigent and requesting a copy of his trial transcripts for purposes of filing a pro se petition for discretionary review. An indigent defendant who wishes to pursue a pro se petition for discretionary review is not entitled to a free copy of the trial record. Ex parte Trainer, 181 S.W.3d 358, 358-59 (Tex. Crim. App. 2005).

If appellant is attempting to file a post-conviction writ of habeas corpus, the application must be filed in the county court in which the conviction was obtained. See TEX. CODE CRIM. PRO. ANN. art. 11.09. In order to obtain a free copy of the trial record for that purpose, appellant would need to file a motion in the county court in which the conviction was obtained and demonstrate that his claim is not frivolous and that the record is needed to decide the issues presented. See United States v. MacCollom, 426 U.S. 317, 326 (1976); Escobar v. State, 880 S.W.2d 782, 783 (Tex. App.—Houston [1st Dist.] 1993, no pet.).

Based on the foregoing, appellant’s motion is DENIED without prejudice to seeking relief in the proper court.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of March, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court