Eduardo Castillo Guadalupe v. The State of Texas Appeal from 435th District Court of Montgomery County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00362-CR ____________________ EDUARDO CASTILLO GUADALUPE, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 98-07-00880-CR ________________________________________________________ _____________ MEMORANDUM OPINION Eduardo Castillo Guadalupe filed a notice of appeal from a trial court order denying his request for a free reporter’s record of his trial. We questioned our jurisdiction, and the parties filed responses. According to the State, Guadalupe’s conviction in this case was affirmed on appeal in February 2000 and the Court of 1 Criminal Appeals denied Guadalupe’s habeas petition in 2002.1 Guadalupe filed a response but failed to establish that a post-conviction proceeding concluded with the signing of an order that is appealable at this time. “No 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, 671 (Tex. App.—Waco 2007, no pet.). We dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on October 31, 2017 Opinion Delivered November 1, 2017 Do Not Publish Before Kreger, Horton and Johnson, JJ. 1 See generally Guadalupe v. State, No. 09-99-076 CR, 2000 WL 192139, at *1 (Tex. App.—Beaumont Feb. 16, 2000, no pet.) (mem. op., not designated for publication). 2
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