Noe Armando Artiga v. State
01-16-00363-CR
| Tex. App. | Nov 8, 2016Background
- Appellant Noe Armando Artiga pleaded guilty to murder, received a 50-year sentence, and did not appeal, making the conviction final.
- After conviction, Artiga filed a pro se motion requesting a free copy of the court reporter’s proceedings and transcripts to support a habeas corpus filing; the trial court denied the motion.
- Artiga filed a pro se notice of appeal challenging the trial court’s denial of his motion for a free reporter’s record and alternatively sought a writ of mandamus ordering the trial court to grant the motion.
- The Court of Appeals considered whether it had jurisdiction to hear an appeal from the denial of a request for a free record and whether it should issue mandamus relief.
- The reporter’s record had been prepared at county expense and filed in the appellate court by the time of the opinion; the clerk was directed to provide a copy to Artiga.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals has jurisdiction to review denial of motion for free reporter’s record | Artiga contended the denial was appealable and sought review | State argued such denials are not appealable and appeals lie only from final convictions or authorized interlocutory orders | Court held it lacked jurisdiction and dismissed the appeal |
| Whether mandamus should compel trial court to grant free reporter’s record | Artiga asked for mandamus ordering trial court to provide free transcripts to pursue habeas | State (and precedent) argued no entitlement to free record after state appeals exhausted absent compelling reason | Court denied mandamus |
Key Cases Cited
- Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014) (courts of appeals lack jurisdiction to review interlocutory criminal matters except as authorized by law)
- Abbot v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (appeals generally lie only from final judgments of conviction)
- In re Strickhausen, 994 S.W.2d 936 (Tex. App.—Houston [1st Dist.] 1999) (criminal defendants not entitled to a free copy of the record after exhausting state appeals absent a compelling reason)