Opinion
No. 01-04-01133-CR
Opinion issued January 13, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices NUCHIA, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Relator, Bertin Loubeau, filed a motion for leave to file a petition for writ of mandamus and a petition for writ of mandamus. Relator requests that this Court compel the Honorable Carroll E. Wilborn, Jr., to provide him with a free copy of the record in cause number 11936 for the purpose of preparing an application for writ of habeas corpus. We grant the motion for leave to file the petition. We deny the petition for writ of mandamus. For relator to be entitled to the extraordinary remedy of mandamus, he must establish: (1) that he has no other adequate remedy at law available; and (2) that the act sought to be compelled is a clear and fixed duty imposed by law that is purely ministerial, as opposed to discretionary or judicial in nature. Eubanks v. Mullin, 909 S.W.2d 574, 576 (Tex.App.-Fort Worth 1995, orig. proceeding). The act that relator seeks to compel is not one that is clearly required by law. An indigent criminal defendant is not entitled to a free transcription of prior proceedings for use in pursuing post-conviction habeas corpus relief. Id. at 576-77; Escobar v. State, 880 S.W.2d 782, 783-84 (Tex.App.-Houston [1st Dist.] 1993, no pet.). Relator also cites Chapter 552 of the Texas Government Code, the "Open Records Act." This chapter does not apply to the judiciary. TEX. GOV'T CODE ANN. § 552.003(1)(B) (Vernon 2004). The petition for writ of mandamus is denied. It is so ORDERED.
The Honorable Carroll E. Wilborn, Jr., is judge of the 344th District Court of Chambers County.