TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00707-CR

Donald Ray Caldwell, Sr., Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 95-457-K277, HONORABLE JOHN R. CARTER, JUDGE PRESIDING

MEMORANDUM OPINION

In 1996, Donald Ray Caldwell, Sr., was convicted of aggravated sexual assault and indecency with a child. The conviction was affirmed and is now final. Caldwell v. State, No. 03-96- 00603-CR, 1998 Tex. App. LEXIS 199 (Tex. App.—Austin 1998, no pet.) (not designated for publication).

In September 2005, Caldwell filed a motion in the district court asking that he be provided a free copy of the trial record. The court did not act on the motion. Caldwell then filed a notice of appeal.

This Court does not have jurisdiction except as expressly granted by law. See Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). We have found no statute vesting this Court with appellate jurisdiction under these circumstances.

The appeal is dismissed.

__________________________________________ Jan P. Patterson, Justice Before Justices B. A. Smith, Patterson and Puryear Dismissed for Want of Jurisdiction Filed: November 4, 2005 Do Not Publish