Case Information

*1 Date - Dec. 18; 2015 Re; Request for .trial record

from court appointed counsel

Dear Court of ·Criminal Appeals Clerk;

Im having problems -with my court appointed appeal counsel.

He will not respond. I need to get a copy of my record from him while he has it/perfecting my appeal. Dallas hntobneps seem£to be preoccup~ed with judicial economy, rather than the appellant'sdbest interests. Please be so kind as to fileeth~~snotifica~ion/complaint bef~re I end. up ~n your court with no trial record. Im ~old by other inmates what they're doing is simply not Eesponding tp appellant's until they have turned the .record back in to the clerk and saying ~e too bad. so sad, yo~'re out of luck Mr Indigent Inmate, I've

already turned the record back in. This is not very good business, and certainly unfair to appellant's like me who have no way what so ever to Co:buy a copy of the record later.

And ?S you well know, I have no right to a free copy of the record for filing a eDR, 11.07, or 2254. If yo~ happen to have .any a~thority OYeteattorneys that are ~laying this game .would you mind dropping mine a brief email and let him know that you'all know what's·going·on in Dallas County. Thank you very much MsiSir.

Res~ectfully; TDCJ. No 1994412 12120 Savage Dr

RECEIVED IN COURT OF CRIMINAL APPEALS DEC 23 2015

Date - Dec. 18, 2015 Re; Cause No. F-11-61227

Representation & Records

Dear Mr. Henrichs;

It has been over (Thirty Days) since I r~quested tonfirmation as to ~hether you are representing me on direct appeal. Your failure. to respond has not only left me. totally "clueless'' as to the status of my representation, but your absolute failure to acknowledge my timely request for a copy of my records has unnecessarily invited significant anxiety.: I am aware of the odds of prevailing on direct appeal. I am further aware that I have no right to a copy of my trial records for compiling a petition for discretionary review based on."indigence" should my direct appeal be affirmed. In sum, my only way to obtain an indigent copy of my record[sJ is during the period you are perfecting my appeal. The Court·of Criminal Appeals makes it quite clear in; Exparte Trainer~ 181 sw 3d 358 (~.C.A. 2005).

Texas Rule of Appellate Procedure § 20.2 deals with indigents request for a free copy of their trial records.. This rule is designed to provide an indigent copy of the trial records and the court reporter be paid out of the general funds, provided a request for the records is; "within the time for perfecting the appeal" and the trial court determines that the appellant is indeed indigen~. Please be so kind as to forward my trial records at your earliest convenience that I may "participate" in the direct appeal process. Thank you ve~y much in advance for your professionalism in this ~atter.

Respectfully; Santana Gaona )kii(;;a;~ TDCJ. No. 1~9~412 cc; Judge B. Birmingham - 292nd. Jud. Dist. Ct.

Court of Criminal App~als at Austin '

Dallas County Clerk

Date - Nov. 13, 2015 Re; Trial Records

Cause No. F-11-61227

Dear Mr. Russ Henrichs;

I have yet to receive confirmation from you that you have inn fact been appointed by the tr~al court to represent me in my direct appeal. Please be so kind as to (affirm) the same as soon as possible. I would.also request at this point a copy of my trial records; (a full transcript including voir dire, all testimony in guilt-innocence and punishment, and closing arguments in guilt-i~nocence, and punishment). This request would also include the clerk's records. My understanding of appellate law at. this point leads me to believe that counsel should provide a single indigent copy of the records if they are (timely) requested.; (during the course of perfecting. the appeal). I ~ould make one last request. Please, be so kind as to send my "personal file" in your possession. Again, it ) is my understanding of the. rules and guidelines of _the Texas

State Bar and A.B.A. at this point which leads me to believe that counsel should provide the aforesaid "personal file[s]" if they are (timely) requested; (for a period of "six;' years after the date of conviction). Thank you very much.

Respectfully; D~~·

Santana Gaona TDCJ. 1994412 cc; Dallas County Clerk

Midway, Tx. ~5852 *4 ·" ::S:'" Santana Ga~na - TDCJ 1994412 NORTH TEXAs.TX IP&JQC ·Dtt1-tt:~~s ·rX. .. . 75£5 · x .... 'r ;;.::.l~~ Ferguson Unit ~ 2.1. DEC 21"):!5 .PiMI 5 .!...

Texas Court of Criminal Appe~ls (Post conviction Appellate Div) po box 12308 Capital Station Austin, Tx. 78711 _,./ /

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