Date - Dec. 18; 2015
Re; Request for .trial record
from court appointed counsel
Dear Court of ·Criminal Appeals Clerk;
Im having problems -with my court appointed appeal counsel.
He will not respond. I need to get a copy of my record from
him while he has it/perfecting my appeal. Dallas hntobneps
seem£to be preoccup~ed with judicial economy, rather than
the appellant'sdbest interests. Please be so kind as to
fileeth~~snotifica~ion/complaint bef~re I end. up ~n your
court with no trial record. Im ~old by other inmates what
they're doing is simply not Eesponding tp appellant's until
they have turned the .record back in to the clerk and saying
~e too bad. so sad, yo~'re out of luck Mr Indigent Inmate, I've
already turned the record back in. This is not very good
business, and certainly unfair to appellant's like me who
have no way what so ever to Co:buy a copy of the record later.
And ?S you well know, I have no right to a free copy of the
record for filing a eDR, 11.07, or 2254. If yo~ happen to
have .any a~thority OYeteattorneys that are ~laying this game
.would you mind dropping mine a brief email and let him know
that you'all know what's·going·on in Dallas County. Thank
you very much MsiSir.
Res~ectfully; Santana Gaona
~~
TDCJ. No 1994412
Ferguson Unit
12120 Savage Dr
Midway, Tx. 75852
RECEIVED IN
COURT OF CRIMINAL APPEALS
DEC 23 2015
Date - Dec. 18, 2015
Re; Cause No. F-11-61227
Representation & Records
Dear Mr. Henrichs;
It has been over (Thirty Days) since I r~quested tonfirmation
as to ~hether you are representing me on direct appeal. Your
failure. to respond has not only left me. totally "clueless'' as
to the status of my representation, but your absolute failure
to acknowledge my timely request for a copy of my records has
unnecessarily invited significant anxiety.: I am aware of the
odds of prevailing on direct appeal. I am further aware that
I have no right to a copy of my trial records for compiling a
petition for discretionary review based on."indigence" should
my direct appeal be affirmed. In sum, my only way to obtain
an indigent copy of my record[sJ is during the period you are
perfecting my appeal. The Court·of Criminal Appeals makes it
quite clear in; Exparte Trainer~ 181 sw 3d 358 (~.C.A. 2005).
Texas Rule of Appellate Procedure § 20.2 deals with indigents
request for a free copy of their trial records.. This rule is
designed to provide an indigent copy of the trial records and
the court reporter be paid out of the general funds, provided
a request for the records is; "within the time for perfecting
the appeal" and the trial court determines that the appellant
is indeed indigen~. Please be so kind as to forward my trial
records at your earliest convenience that I may "participate"
in the direct appeal process. Thank you ve~y much in advance
for your professionalism in this ~atter.
Respectfully; Santana Gaona
)kii(;;a;~
Ferguson Unit TDCJ. No. 1~9~412
12120 Savage Dr.
Midway, Tx. 75852
cc; Judge B. Birmingham - 292nd. Jud. Dist. Ct.
Court of Criminal App~als at Austin
'
Dallas County Clerk
File
Date - Nov. 13, 2015
Re; Trial Records
Cause No. F-11-61227
Dear Mr. Russ Henrichs;
I have yet to receive confirmation from you that you have inn
fact been appointed by the tr~al court to represent me in my
direct appeal. Please be so kind as to (affirm) the same as
soon as possible. I would.also request at this point a copy
of my trial records; (a full transcript including voir dire,
all testimony in guilt-innocence and punishment, and closing
arguments in guilt-i~nocence, and punishment). This request
would also include the clerk's records. My understanding of
appellate law at. this point leads me to believe that counsel
should provide a single indigent copy of the records if they
are (timely) requested.; (during the course of perfecting. the
appeal). I ~ould make one last request. Please, be so kind
as to send my "personal file" in your possession. Again, it
)
is my understanding of the. rules and guidelines of _the Texas
State Bar and A.B.A. at this point which leads me to believe
that counsel should provide the aforesaid "personal file[s]"
if they are (timely) requested; (for a period of "six;' years
after the date of conviction). Thank you very much.
Respectfully; D~~·
Santana Gaona
TDCJ. 1994412
cc; Dallas County Clerk
File
Ferguson Unit
12120 Savage Dr.
Midway, Tx. ~5852
r; ~~
·"
Santana Ga~na - TDCJ 1994412
::S:'"
NORTH TEXAs.TX IP&JQC
Ferguson Unit ~ 12120 Savage Dr. ·Dtt1-tt:~~s ·rX.. .75£5 ·x.... ;;.::.l~~
'r
Midway, Tx. 75852 2.1. DEC 21"):!5 .PiMI 5 .!...
Texas Court of Criminal Appe~ls
(Post conviction Appellate Div)
po box 12308 Capital Station
Austin, Tx. 78711
_,./
/
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Gaona, Santana
Combined Opinion