Steve Jeffer Carrington v. State

FILED tN 1STCC URT OP APPEALS Appeal No's. 01-14-00176-CR HOI STOW, TFVAS 01-14-00177-CR JAf 1 3 2015 , 01-14-00178-CR CHfl'STdPHERAPRINE ^ CLERK_J_0& O STEVE J. CARRINGTON IN THE FIRST IHSTRICT Q* -V- COURT OF APPEALS THE STATE OF TEXAS OF TEXAS MOTION TO COMPEL THE 400TH DISTRICT COURT TO COMPLY WITH T.R.A.P. RULE 20.2 AND T.C.C.P. ARTICLE 1.051(c)(1) TO THE HONORABLE JUSTICE OF SAID COURT: Now comes, STEVE J. CARRINGTON, RELATOR, Prose, in :he above entitled appeal numbers and respectfully present his 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 ise or to be provided one free copy of the records, reporter and court reporter records, so that he may review and effectively excute his appeal. Relator seeks the 400TH District Court to ccjmply 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 Vacate Mandate; Brief Supporting Notice of Appeal; Motion to Withdraw Plea of Guilty Made Involuntary; and Motion for Appointment oif Counsel To File Direct Appeal. On March 18, 2014, Defendant's Request For Trial Trinscripts was filed along with a second Motion To Appoint Counsel Pursuant to C.CP. Art. 1.051(d)(1). Both Motions were denied 7, 2014. Trial cause numbers 06-DCR-044879; 06-DCR-04|60J a J 06-DCR- 044878. Ill RELIEF SOUGHT Relator, Pursuant to Code of Criminal Procedure art. 1.051(d)(1) request the appointment of appellate counsel. Relator is indigent and during pre-trial and the Plea Proceedings relator waj; and has established his indigentcy. According to Evitts V. Litcey, 469 U.S. 387, 105 S.Ct. 830 (1985), An appellant is enfitled 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, the 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. Relal.or filed with the 400TH District Court a six month print out show:.ng 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. Crlm. App. 1987); quot ng Evitts V. Lucey, 469 U.S. 387, 394, 105 S. Ct. 830, 834, 3 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 con ply with T.R.A.P. Rule 20.2 and T.C.C.P. art. 1.051(d)(1). STEVE J. CARRINC TDCJ #1491488 POLUNSKY UNIT 3872 FM 350 SOUTI LIVINGSTON, TEXAS 77351 INMATE DECLERATION I, STEVE J. CARRINGTON, BEING PRESENTLY INCARCERATED IN tHE TEXAS DEPARTMENT OF CRIMINAL JUSTICE, AT THE ALLEN B. POLUN, KY UNIT, POLK COUNTY, TEXAS, DECLARE UNDER PENALTY OF PERJURY THAT ALL CLAIMS AND ALLEGATIONS PRESENTED WITHIN THE FOREGOI NG MOTION ARE TRUE AND CORRECT. STEVE J. CARR SUBMITTED THE ?TB DAY OF TJfiAJU^/ 2014 CERTIFICATE OF SERVICE THIS IS TO CERTIFY THAT A TRUE AND CORRECT COPY OF THE FCJREGOING MOTION HAS BEEN SENT TO THIS COURT VIA U.S. POSTAL MAIL, Xw/^CARRBNGTJON STEVE J. SUBMITTED THE *?$. DAY OF ""^Lfct/^/ , 2014. Dm. 'M'OPir F LED IN APPEAL N0£. puh-mMo-m 1ST COUIT OF APPEALS HOUS" ON, TEXAS JAN I 3 2015 ni-w-Mnt-rn CHRISTOP 1ER A. PRINE CLERK. Jo: Tht CUrk of: CEIVED The Fiat Dkhitl Cmrf ofAffak; be/Ad 0 MditM) iff fanfe}avJMafffAeA0/wr/a tfPealini fiheYff/DCe. The Ald/brt h k1/cfi0AbeYMce k#4 Ptievfouitohetfif fj'k//(fft'22'lll)w/M flu's foudbum*,/W fhefe ha£ bemJA/ff falling 0W if, l0j/< MidbrMi #fMieSe tod/tA&be fitu/m'Jbtot&hi before Hie foud frf afulln/4. Thufi/K Ypu J/0 aA&aze* AldA ctfvf rmrmwM rnr * m UM. WIT 3R2Z£m w a s ilUING-STM 19. m a .*"** ^STl FM3& ^mp-^x^nm-m ?&>-?: 12 J^,3MS ^P^ t .^•""^ ^Mwrn^' ,*** "Sal FAwaitAi 5V^d- .,C |i.v #^ 7,0 \$ ^ ?V" Le&iaL hki'L ..... «*H W — .™.^*J ,^| ^Ci ^^ .,_, s {*»*•«.* .c« ifi*i*•»*5«» «•«• •"* •—* j!,!|,i.ij!.|...|iiiiii.ji"i'i')!'l'll!,liii,l),i''i',,!ii,iih