Gerald L. Bradley, Appellant v. The State of Texas, State (2016)

MEMORANDUM OPINION 1

Appellant Gerald L. Bradley attempts to appeal the trial court's denial of his “Freedom of Information Law Request,” ² which we construe as an attempt to obtain a free record in connection with his pursuit of postconviction habeas corpus relief.  On February 26, 2016, we notified Bradley of our concern that this court lacks jurisdiction over this appeal, and we informed him that unless he or any party desiring to continue the appeal filed with this court, on or before March 7, 2016, a response showing grounds for continuing the appeal, the appeal would be dismissed for want of jurisdiction.  See Tex.R.App. P. 44.3.  We received a response, but it does not show grounds for continuing the appeal.

“The denial of a motion to obtain a free record is not an appealable order.”  Poole v. State, No. 14–14–00081–CR, 2014 WL 1268617, at *1 (Tex.App.–Houston [14th Dist.] Mar. 27, 2014, no pet.) (mem. op., not designated for publication);  see also In re Handy, No. 01–00–01059–CV, 2000 WL 1511711, at *1 (Tex.App.–Houston [1st Dist.] Oct. 12, 2000, orig. proceeding) (not designated for publication) (stating that indigent criminal defendant is not entitled to free clerk's record or reporter's record once he has exhausted his state appeals absent some compelling, recognized reason, nor is he entitled to one under the Texas Public Information Act).

Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex.R.App. P. 43.2(f):  Self v. State, 122 S.W.3d 294, 294–95 (Tex.App.–Eastland 2003, no pet.) (dismissing appeal for want of jurisdiction where trial court denied appellant's request for free copy of trial court's records to prosecute postconviction writ of habeas corpus);  see also Peters v. State, 02–11–00230–CR, 2011 WL 3672035, at *1 (Tex.App.–Fort Worth Aug. 18, 2011, no pet.) (mem. op., not designated for publication) (same).

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

2.   In his request, he seeks records “pertaining to the ‘impaneling’ of the grand jury that indicted [him] in 2004 for this current conviction your courts hold.”

PER CURIAM