FILED IN
1ST(OURT OFAPPEALS
Appeal No's. 01-1.4-00176-CR H,PuSTON, TFVAS
01-14-00177-CR ^
JAN I 3 20J5
01-14-00178-CR
CHfilSl OPHER A. PRINE
CLERK.
STEVE J. CARRINGTON § IN THE FIRST {DISTRICT- SH
-V- COURT OF APPEALS
THE STATE OF TEXAS OF TEXAS
MOTION TO COMPEL THE 400TH DISTRICT COURT TO COMP ,Y
WITH T.R.A.P. RULE 20.2 AND T.C.C.P. ARTICLE 1.051(c )(D
TO THE HONORABLE JUSTICE OF SAID COURT:
Now comes, STEVE J. CARRINGTON, RELATOR, Prose, in the above
entitled appeal numbers and respectfully present h|.s Motion
To Compel The 400TH District Court To Comply with T.R.&.P. Rule
20.2 And T.C.C.P. Article 1.051(d)(1), and in support of his
Motion, Relator shows the following;
DUTIES SOUGHT TO BE COMPELLED.
Relator seeks appointment of appellate counsel to assist him in
filing his direct appeal brief, as well, Relator seeks u;$e or to
be provided one free copy of the records, reporter 4nd court
reporter records, so that he may review and effectively excute
his appeal. Relator seeks the 400TH District Court to co4ply with
T.R.A.P. Rule 20.2 and T.C.C.P. Art. 1.051(d)(1).
II.
ACTION, TAKEN
On February 20, 2014, Relator filed several motions with] the 400TH
District Court of Fort Bend County, Texas, 301 Jackson, Richmond,
Texas 77469, such as: Notice of Appeal; Motion to Vacatle Mandate;
Brief Supporting Notice of Appeal; Motion to Withdraw Plea of
Guilty Made Involuntary; and Motion for Appointment of Counsel
To File Direct Appeal.
On March 18, 2014, Defendant's Request For Trial Transcripts
was filed along with a second Motion To Appoint Counsel pursuant
to C.C.P. Art. 1.051(d)(1). Both Motions were denied on April
7, 2014. Trial « • u.ra s 3 >6-DCf 'l-1-.'. ; 06-1 R-C {3601; and
06-DCR- 044878
III.
RELIEF SOUGHT
Relator, Pursuant to Code of Criminal Procedure art. l.f)51(d)(l)
request the appointment of appellate counsel. Relator is indigent
and during pre-trial and the Plea Proceedings relator was and has
established his indigentcy. According to Evitts V. L leey, 469
U.S. 387, 105 S.'Ct. 830 (1985), An appellant is entitled to
the effective assistance of counsel on appeal.
Relator, also request, pursuant to Texas Rules of appellate
Procedure, Rule 20.2, to be provided with the records, tie reporter
records, that was filed with this court March 12, 2014, and Court
reporter record filed March 10, 2014. Rule 20.2 provides for
a free appellate record if appellant is indigent. RelaLor filed
with the 400TH District Court a six month print out showing his
inability to purchase the records or afford counsel, "he Court
of Criminal Appeals has stated, "The absence of an appellate
record renders appellant's appeal a meaningless ritual. Ward V.
State, 740 S.W. 2d 794, 800 (Tex. Grim. App. 1987); quo tjing Evitts
V. Lucey, 469 U.S. 387, 394, 105 S. Ct. 830, 834, 83 l. Ed.
2d 821, 828 (1985).
IV.
CONCLUSION, PRAYER
Relator Prays that the Court grants his Motion and C) mpel the
400TH District Court of Fort Bend County, Texas, to c o n ply with
T.R.A.P. Rule 20.2 and T.C.C.P. art. 1.051(d)(1).
STEVE J. CARRINGTON
TDCJ #1491488 /I
POLUNSKY UNIT
3872 FM 350 SOUTI
LIVINGSTON, TEXAS 77351
V.
INMATE DECLERATION
I, STEVE J. CARRINGTON, BEING PRESENTLY INCARCERATED IN ^'HE TEXAS
DEPARTMENT OF CRIMINAL JUSTICE, AT THE ALLEN B. POLUNSKY UNIT,
POLK COUNTY, TEXAS, DECLARE UNDER PENALTY OF PERJURY THAT ALL
CLAIMS AND ALLEGATIONS PRESENTED WITHIN THE FOREGOING MOTION
ARE TRUE AND CORRECT.
SUBMITTED THE ?g DAY OF TJft/JU^/ 2014
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY THAT A TRUE AND CORRECT COPY OF THE FOREGOING
MOTION HAS BEEN SENT TO THIS COURT VIA U.S. POSTAL MAIL.
STEVE J. CARRINGTON
SUBMITTED THE ffifl DAY OF ~~$/yu(j,AA/ , 2014,
DATE buOT'ir
IILED IN
1st courr OF APPEALS
HOUS TON, TEXAS
Ol-W-O/) IT7-<• R
JAN 1 3 2015
al-ii-Milt-fR CHRISTOf HER A. PRINE
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