George Wilhelm Vogel v. State

Court: Court of Appeals of Texas
Date filed: 2017-10-18
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                                                                       In The

                                                                 Court of Appeals
                                              Ninth District of Texas at Beaumont
                                                               ____________________
                                                                 NO. 09-17-00298-CR
                                                               ____________________

                                           GEORGE WILHELM VOGEL, Appellant

                                                                         V.

                                                    THE STATE OF TEXAS, Appellee
________________________________________________________________________

                                             On Appeal from the 359th District Court
                                                  Montgomery County, Texas
                                                Trial Cause No. 13-04-04450-CR
________________________________________________________________________

                                                           MEMORANDUM OPINION

              George Wilhelm Vogel filed a notice of appeal from an order denying Vogel’s

request for a free record of hearings conducted in the trial court on December 14 and

21, 2015. We questioned our jurisdiction, and the parties filed responses. According

to Vogel, his 2013 conviction was affirmed on appeal in December 2014.1 Vogel



                                                            
              1
        See generally Vogel v. State, Nos. 14-14-00104-CR, 14-14-00105-CR, and
14-14-00106-CR, 2014 WL 6790743, at *1 (Tex. App.—Houston [14th Dist.] Dec.
2, 2014, no pet.) (mem. op., not designated for publication).
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does not explain what the hearings concerned, and he has not shown 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 (Tex. App.—Waco 2007, no pet.). We dismiss the appeal for lack of

jurisdiction.

      APPEAL DISMISSED.


                                            ________________________________
                                                    CHARLES KREGER
                                                        Justice


Submitted on October 17, 2017
Opinion Delivered October 18, 2017
Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.




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