Bobby Ray Butler v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-03-00102-CR

______________________________

BOBBY RAY BUTLER, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

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On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 27529-B

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            On August 23, 2000, Bobby Ray Butler pled guilty to two counts of aggravated sexual assault and two counts of sexual assault. See Tex. Pen. Code Ann. §§ 22.011(a)(2)(A, B) (child victim) & 22.021(a)(1)(B)(i, ii) (child victim) (Vernon 2003). After a punishment trial before a jury, Butler was sentenced to five years' confinement in the Institutional Division of the Texas Department of Corrections for the two counts of aggravated sexual assault and two years' confinement for the two counts of sexual assault, but further found Butler had never been convicted of a felony and recommended he be placed on community supervision. See Tex. Code Crim. Proc. Ann. art. 42.12, § 4 (Vernon Supp. 2003) (jury may grant defendant adjudicated community supervision for aggravated sexual assault). The trial court sentenced Butler in accordance with the jury's verdict, placing Butler on community supervision for a period of ten years.

            On February 20, 2003, the State filed a motion to adjudicate Butler's guilt. The trial court heard evidence and argument on the State's motion on March 12, 2003. At the hearing, the trial court determined the substance of the State's motion was more properly considered to be an application for revocation of Butler's community supervision, and treated the State's motion accordingly. Butler pled "true" to violating the terms and conditions of his community supervision, including using marihuana. Thereafter, the trial court revoked Butler's community supervision and sentenced him to the original term of confinement on each count of the indictment, as recommended by the jury at trial.

            On appeal, Butler contends his sentence is disproportionately excessive given the facts of his offense. Butler did not present this issue to the trial court or present evidence that would permit a comparison of sentences for similar crimes in this or other jurisdictions. Accordingly, nothing has been preserved for our review on appeal. See Tex. R. App. P. 33.1(a); Alberto v. State, 100 S.W.3d 528, 530 (Tex. App.‒Texarkana 2003, no pet.).

            We affirm the trial court's judgment.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          November 10, 2003

Date Decided:             November 12, 2003

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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-10-00095-CR

                                                ______________________________

 

 

                                   RONALD ALLEN BOAZ, Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                      On Appeal from the 102nd Judicial District Court

                                                          Red River County, Texas

                                                          Trial Court No. CR00052

 

                                                                                                   

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss

                                                      MEMORANDUM OPINION

 

            Ronald Allen Boaz was convicted in July 2003 of sexual assault.

 

            On April 8, 2010, Boaz filed with the trial court a request for a free copy of “trial transcripts and police records.”  The trial court denied that request April 27, 2010, and Boaz now attempts to appeal the denial of his request.

            This Court has jurisdiction over criminal appeals only when expressly granted by law.  Everett v. State, 91 S.W.3d 386 (Tex. App.—Waco 2002, no pet.).  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.  Id.; see Self v. State, 122 S.W.3d 294, 294–95 (Tex. App.—Eastland 2003, no pet.).

            We dismiss this appeal for want of jurisdiction.

 

 

 

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

 

Date Submitted:          June 9, 2010

Date Decided:             June 10, 2010

 

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