C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Ex parte Richard Vincent Letizia

Appellate case number: 01

- 1 6

- 0 0 808

- CR

Trial court case number: 2 1 1 2 524

Trial court: County Criminal Court at Law No. 4 of Harris County

Appellant, Richard Vincent Letizia, has filed a notice of appeal of the trial court’s
order , in cause no. 2112524, denying his application for a writ of habeas corpus that challeng ed the legality of his arrest pursuant to a governor’s warran t

. Now proceeding pro se, a ppellant filed , on March 14, 2018, a “M otion for Discovery and Inspection of Evidence ” and, on May 8, 2018, a “Motion of Discovery and Inspection o f Evidence for Cause Number 2100551 and 2112524.” 1 Appellant asks this
Court to require the Harris County District Attorney to produce and permit appellant to inspect and copy documents listed in the motion s

. Discovery and inspection of evidence
is a trial court function. See T EX

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. art. 39

. 14 (West Supp. 2017 ) (pr oviding for discovery and inspection of evidence in trial court proceeding )

. Accordingly, appellant’s motion s for discovery and inspection of evidence are d ismissed

. Appellant also filed , on April 10, 2018, a “Motion to Order Court Reporter to
Transcribe Any and All Proceedings” and , on April 16, 2018, a “Motion to Order Court Reporter to Transcribe March 2, 2018 Original Pro

- Se Abatement Hearing All Proceedings.” The record filed in this Court includes (1) the reporter’s record of the October 4, 2016 hear ing on appellant’s application for a writ of habeas corpus; (2) the

1 The Harris County District Clerk’s online docket indicates that cause no. 2100551 is the extradition proceeding. See generally T EX

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. art. 51.13 (West ***).
Th at trial court proceeding is separate from the habeas

- corpus proceeding in c ause no. 2112524

. See Ex parte Garcia

, 100 S.W.3d 243, 244 n.1 (Tex. App.

— San Antonio 2001, no pet.); see also Trimboli v. MacLean , 735 S.W.2d 953, 954 (Tex. App.

— Fort Worth 1987, orig. proceeding) (distinguishing between appeal taken from denial of applic ation for writ of habeas corpus and appeal of case in which defendant was indicted).reporter’s record of the May 24, 2017 abatement hearing; and (3) the reporter’s record of

the April 10, 2018 abatement hearing. If the reporter’s record filed in this Court is incomplete o r i f a nything relevant h as been omitted from the reporter ’s record , appellant may request the court reporter to prepare, certify, and file in th is Court a reporter’s record

or a supplement al reporter’s record

. ” T EX

. R. A PP

. P . 34. 6 ( b ) ( providing for party’ s request to court reporter for preparation of record), 34.5(d) (providing for supplementation of record ). Accordingly, we dismiss as moot appellant’s “ Motion to Order Court Reporter to Transcribe Any and All Proceedings” and “Motion to Order Court Reporte r to Transcribe March 2, 2018 Original Pro

- Se Abatement Hearing All Proceedings ” filed in this Court.

Finally, appellant has filed a “Motion for Extension,” asking for an extension of time to May 1, 2018 “before this Court makes any decision.” On May 10, 2018, we reinstated the appeal and directed appellant ( 1) to notify the Clerk of this Court that he
ado pts the “Brief for Appellant,” filed in this appeal on February 27, 2016; or (2) to file an amended brief pro se no later than June 11, 2018. Accordingly, appellant’s motion for
an extension is dismissed as moot.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

 Acting individually

Date: May 17, 2018