Opinion
No. 13-05-363-CR
Memorandum Opinion delivered and filed July 28, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Petition for Writ of Mandamus.
Before Chief Justice VALDEZ and Justices HINOJOSA and RODRIGUEZ.
MEMORANDUM OPINION
Relator, Robert Buentello, files this petition for writ of mandamus requesting that this Court direct respondent, the Honorable Jack E. Hunter, presiding judge of the 94th District Court of Nueces County, to loan relator a free copy of the trial transcript and court clerk records in order to assist him in filing a petition for habeas corpus. Relator is currently incarcerated and claims that he has requested the records from the court clerk but is unable to pay for them. We deny his petition for the following reasons. Although an indigent criminal defendant has a constitutional right to a free appellate record in a first appeal of right, this appeal has already occurred. See Scott v. State, 80 S.W.3d 184, 190 (Tex.App.-Waco 2002, pet. ref'd) (citing Griffin v. Illinois, 351 U.S. 12, 18-19 (1956); Abdnor v. State, 712 S.W.2d 136, 139 (Tex.Crim.App. 1986)); see also TEX. R. APP. P. 20.2. An indigent criminal defendant is not entitled, either as a matter of due process or equal protection, to a free transcription of prior proceedings for use in pursuing post-conviction habeas relief. Escobar v. State, 880 S.W.2d 782, 783 (Tex.App.-Houston [1st Dist.] 1993, no pet.) (citing United States v. MacCollom, 426 U.S. 317, 322-23, 328 (1976)). Furthermore, this Court has previously noted in dicta that "an indigent criminal defendant is not entitled to a free clerk's record or reporter's record once he has exhausted his state appeals, absent some compelling recognized reason." In re Trevino, 79 S.W.3d 794, 796 (Tex.App.-Corpus Christi 2002) (orig. proceeding). Relator has provided no reason other than his indigent status to support his request for the records. Accordingly, we deny his petition.
Relator was convicted sexual assault and indecency with a child. He appealed his conviction to this Court, and we affirmed. See Buentello v. State, No. 13-03-225-CR, 2004 Tex. App. LEXIS 7807, at *1 (Tex.App.-Corpus Christi Aug. 27, 2004) (not designated for publication).
As relator's case was appealed to this Court, the original record is in the possession of this Court as required by the Texas Government Code. TEX. GOV'T CODE ANN. § 51.204(a)(1) (Vernon Supp. 2004-05). Relator, his agent, or anyone else would be entitled to view the record at this Court. In re Strickhausen, 994 S.W.2d 936, 937 (Tex.App.-Houston [1st Dist.] 1999) (orig. proceeding). Relator also retains the right to obtain a copy of the record by making appropriate arrangements, including payment for the cost of copying the records.