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
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HOUS" ON, TEXAS
JAN I 3 2015
ni-w-Mnt-rn CHRISTOP 1ER A. PRINE
CLERK.
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