Opinion
No. 10-03-378-CV
Opinion delivered and filed December 31, 2003.
Original Proceeding.
Writ denied.
Kevin Batson, Attorney for Appellant.
Joe F. Grubbs, Attorney for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Judge STROTHER (Sitting by Assignment).
Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
Kevin Batson, an inmate, seeks a mandamus from this Court compelling John H. Jackson, the judge of the 13th District Court to produce a reporter's record from trial court cause number 26,665, the case in which he was convicted, at no cost. Alternatively, Batson seeks a mandamus to the court reporter, Leslie Kirk, to produce the reporter's record at no cost.
As to the mandamus against the trial court, Batson has not shown, nor even described, the circumstances of his need for the reporter's record, whether an appeal is pending (we searched and found none), whether it was timely requested, or whether he presented sufficient information to the trial court on which the trial court could determine that Batson was entitled to a free reporter's record. See e.g. TEX. R. JUD. ADMIN. 12.4(a)(4), reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F app. (Vernon Supp. 2004) (a court is not required to respond to or comply with a request for a judicial record from an individual in prison). Upon this record before us, we cannot say the trial court had a ministerial duty to order a free reporter's record be prepared and delivered to Batson. Accordingly, the petition as it relates to a mandamus against Judge Jackson is denied.
As for the mandamus against Leslie Kirk, we have no jurisdiction, in this instance, to issue a mandamus against a court reporter. Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.-Houston [1st Dist.] 1988, orig. proceeding); TEX. GOV'T CODE ANN. § 22.221 (Vernon Supp. 2004). Thus, the petition as it relates to a mandamus against Leslie Kirk is denied.
CONCLUSION
The petition for writ of mandamus against Judge John H. Jackson and against Leslie Kirk is denied.