## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 11 - 00490 - CR

WARREN TEEL APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

---------- 

### MEMORANDUM OPINION 1

---------- On November 24 , 20 1 0, this court affirmed Appellant Warrant Teel’s conviction for aggravated robbery with a deadly weapon

. 2 Appellant subsequently filed an application for writ of habeas corpus, seeking permission to file an out

- of

- time petition for discretionary rev iew, and the trial court

1 See Tex. R. App. P. 47.4.

2 See Teel v. State , No. 02

- 09

- 00150

- CR, 2010 WL 4812994, at *1

– 2 (Tex. App.

— Fort Worth Nov. 24, 2010, no pet.) (mem. op., not designated for publication).2

recommended that relief be granted. 3 On October 14, 2011, Appellant filed with the trial court a ―Request for a Free Copy of Clerk’s and Reporter’s Records,‖ which the trial court denied on October 20, 2011. Appellant then filed notice of this attempted appeal. On November 15 , 20 11 , we notified Appellant of our concern that we lacked jurisdiction over this appeal , and we informed him that the appeal would be dismissed for want of jurisdiction unless he or any party desiring to con tinue the appeal filed with the court a response showing grounds for continuing the appeal. See Tex. R. App. P. 43.2(f)

. Appellant filed a response , but it does not present grounds for continuing this appeal. An intermediate court of appeals is not veste d with jurisdiction to consider an appeal from an order denying a request for a free copy of the trial proceedings when such request is not presented in conjunction with the direct appeal of the underlying case

. See Self v. State , 122 S.W.3d 294, 294

– 95 ( Tex. A pp. — Eastland 2003, no pet.); Everett v. State , 91 S.W.3d 386, 386 (Tex. App.

— Waco 2002, no pet.); see also Wheeler v. State , No. 02

- 06

- 00008

- CR, 2006 WL 496015, at *1 (Tex. App.

— Fort Worth Mar. 2, 2006, no pet.) (mem. op., not designated for publicat ion); Binder v. State , No. 02

- 03

- 00 300

- CR, 2003 WL 22430174, at *1 (Tex. App.

— Fort Worth Oct. 23, 2003, no pet.) ( mem. op., not

3 See Ex parte Teel , No. AP

- 76685, 2011 WL 5437560, at *1 (Tex. Crim. App. Nov. 9, 2011) (not designated for publication). The court of criminal appeals agreed with the trial court and granted Appellant’s request for permission to file an out

- of

- time petition for discretionary review. Id.3

designated for publication). Here, although Appellant has been granted permission to file an out

- of

- time petition for discretio nary review, the court of criminal appeals has held that ― nothing in the United States Constitution, the Texas Constitution, or any statute or rule requires the convicting county to provide a free copy of the trial record to an appellant for purposes of fi ling a pro se petition of discretionary review. ‖ Ex parte Trainer , 181 S.W.3d 358, 359 (Tex. Crim. App. 2005) (orig. proceeding). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

PER CURIAM PANEL: GARDNER, WA LKER, and MCCOY, JJ. DO NOT PUBLISH Tex. R. App

. P. 47.2(b ) DELIVERED: December 22, 2011