LHERAULT v. STATE (2017)

MEMORANDUM OPINION

Charles Lherault filed a notice of appeal on February 14, 2017, referencing the trial court cause number 2013CR10281. In his notice of appeal, Lherault requested “all transcripts and court reports on [January 24, 2017].” The trial court clerk filed the clerk's record showing Lherault's convictions in this case are from 2014; the trial court imposed sentence in 2014; and Lherault appealed his convictions in 2014.¹ We ordered Lherault to show cause why this case should not be dismissed for want of jurisdiction.

Lherault filed a response stating he is not appealing his convictions; he is appealing only the denial of his “request for all transcripts made.” This court has jurisdiction over appeals from final convictions and other interlocutory orders as prescribed by statute. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). According to Lherault's response, he is not appealing his convictions. Furthermore, the “denial of an appellant's request for a transcript is not an appealable order.” See Herrera v. State, No. 14-04-00117-CR, 2004 WL 350063, at *1 (Tex. App.—Houston [14th Dist.] Feb. 26, 2004, no pet.) (mem. op., not designated for publication). We therefore dismiss this appeal for want of jurisdiction. See Ragston, 424 S.W.3d at 52.

FOOTNOTES

1.   Lherault also filed a petition for writ of mandamus in this court, complaining of the trial court's failure to rule on his “motion for transcripts, court reports, all reports, [and] letters.” We dismissed Lherault's petition for writ of mandamus because he filed an unopposed motion to dismiss the proceeding. In re Lherault, No. 04-17-00027-CR, 2017 WL 685707, at *1 (Tex. App.—San Antonio Feb. 22, 2017, orig. proceeding) (mem. op., not designated for publication).

PER CURIAM