Opinion
NO. 12-12-00048-CRNO. 12-12-00049-CRNO. 12-12-00050-CRNO. 12-12-00051-CR
01-31-2012
In re: TYRONE BLACK, SR., RELATOR
ORIGINAL PROCEEDING
MEMORANDUM OPINION
Relator Tyrone Black, Sr. requests that this court compel the trial court to provide him with a free record for use in preparing a "collateral attack" pertaining to trial court cause numbers F14298-2006, F14299-2006, F14300-2006, and F14301-2006. We dismiss the petition.
We have jurisdiction to issue writs of mandamus against a district court judge or county court judge in our district, and we may issue all writs necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a) (West 2004). However, Relator seeks a free record for his use in preparing a "collateral attack." Therefore, we construe his petition as a request for a free record for use in preparing a postconviction habeas application. We have no jurisdiction over matters related to postconviction writs of habeas corpus in felony cases. See Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3 (West Supp. 2011).
Additionally, an indigent defendant ordinarily is not entitled to a free copy of his trial transcript for purposes of filing a postconviction habeas application. In re Strickhausen, 994 S.W.2d 936, 937 (Tex. App.-Houston [1st Dist.] 2002, orig. proceeding). A free record is available for that purpose only if the defendant shows the habeas corpus application is not frivolous and there is a specific need for the trial records that are sought. In re Coronado, 980 S.W.2d 691, 693 (Tex. App.-San Antonio 1998, orig. proceeding). Relator has not made any such showing here.
Relator's petition for writ of mandamus is dismissed.
JAMES T. WORTHEN
Chief Justice
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
NOS. 12-12-00048-CR
12-12-00049-CR
12-12-00050-CR
12-12-00051-CR
TYRONE BLACK, SR., Relator
v.
HON. CAMPBELL COX, II, Respondent
ORIGINAL PROCEEDING
ON THIS DAY came to be heard the petition for writ of mandamus filed by TYRONE BLACK, SR., who is the relator in Cause Nos. F14298-2006, F14299-2006, F14300-2006, and F14301-2006, pending on the docket of the 145th Judicial District Court of Nacogdoches County, Texas. Said petition for writ of mandamus having been filed herein on January 26, 2012, and the same having been duly considered, because it is the opinion of this Court that writ of mandamus should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby DISMISSED.
James T. Worthen, Justice.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.