In re Christopher T. Brady--Appeal from 166th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: August 27, 2003

PETITION FOR WRIT OF HABEAS CORPUS DENIED

Christopher T. Brady has filed a petition for writ of habeas corpus and a motion for appointment of counsel. Rule 52.3(j) of the Texas Rules of Appellate Procedure sets forth the necessary contents of the appendix to a petition for writ of habeas corpus. The appendix must contain: (1) a certified or sworn copy of any order complained of, or any other document showing the matter complained of; and (2) proof that the relator is being restrained. Tex. R. App. P. 52.(3)(j)(1)(A),(D). In addition, Brady also was required to file "a properly authenticated transcript of any relevant testimony from any underlying proceedings, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained." Tex. R. App. P. 52.7(a)(2). Because Brady has not provided the court with a sufficient record to determine whether he is entitled to the relief sought, the petition for writ of habeas corpus is denied without prejudice to refiling with an appropriate record.

PER CURIAM

1. This proceeding arises out of Cause No. 2003-CI-02512, pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable Andy Mireles presiding.