Opinion
No. 05-16-00001-CV No. 05-16-00002-CV
01-22-2016
IN RE OREN JAMES JONES, Relator
Original Proceeding from the 194th Judicial District Court Dallas County, Texas
Trial Court Cause No. F-0839366-M, F-0839365-M
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Schenck
Opinion by Justice Lang-Miers
In this petition for writ of mandamus, relator complains that the trial court erroneously denied his motion for a free appellate record and inappropriately authorized the withdrawal of funds from his inmate trust account. The petition is not accompanied by an appendix or mandamus record as required by rule 52.3(k) and 52.7 of the Texas Rules of Appellate Procedure and is not certified as required by rule 52.3(j). Although these deficiencies alone constitute sufficient reason to deny mandamus relief, in the interest of judicial economy we address the petition.
There is no requirement that the petition for discretionary review include a copy of the trial record—see TEX. R. APP. P. 68.4—so failure to provide a free copy of the record to the appellant does not violate an appellant's right to file a petition for discretionary review. Ex parte Trainer, 181 S.W.3d 358, 359 (Tex. Crim. App. 2005). For that reason, indigent defendants are not entitled to a free copy of the trial record for preparation of a petition for discretionary review. Trainer, 181 S.W.3d at 359-60. For similar reasons, an indigent defendant is not entitled either as a matter of equal protection or of due process to a free transcription of prior proceedings for use in pursuing post-conviction habeas corpus relief. United States v. MacCollom, 426 U.S. 317, 322-23 (1976); Escobar v. State, 880 S.W.2d 782, 783 (Tex. App.—Houston [1st Dist.] 1993, no pet.). The trial court did not err in denying relator's request for a free copy of the record.
Relator's complaint concerning withdrawal of funds from his inmate trust account is not an appropriate subject for mandamus relief because the proper method for seeking appellate review of an order of withdrawal of funds from an inmate trust account is by direct appeal of the order. Harrell v. State, 286 S.W.3d 315, 321 (Tex. 2009) ("[A]ppellate review should be by appeal, as in analogous civil post-judgment enforcement actions.").
We deny the petition.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE 160001F.P05