John Petronella v. State of Texas--Appeal from 385th District Court of Midland County

Opinion filed October 18, 2007

In The

Eleventh Court of Appeals

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 No. 11-07-00281-CR

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JOHN PETRONELLA, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 385th District Court

Midland County, Texas

Trial Court Cause No. CR29635

O P I N I O N

On April 26, 2007, this court affirmed John Petronella=s conviction for sexual assault in Cause No. 11-05-00299-CR. Appellant filed a pro se petition for discretionary review, and the case has been forwarded to the Court of Criminal Appeals.

On September 13, 2007, appellant filed a pro se notice of appeal from the trial court=s denial of his request for free copies of the appellate record to prepare a writ of habeas corpus. On September 28, 2007, the clerk of this court wrote the parties informing them that the trial court=s order did not appear to be a final, appealable order and directing appellant to respond on or before October 15, 2007, showing grounds for continuing the appeal.

Appellant contends that the trial court has abused its discretion and that he has been Adenied the right to review the record for potential >fundamental errors.=@

We note that the remedy of a post-conviction felony writ of habeas corpus is not available until appellant=s appeal from his conviction is final. Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005). Appellant has not established grounds for continuing this appeal.

This appeal is dismissed for want of jurisdiction.

PER CURIAM

October 18, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.