Opinion
No. 14-05-01280-CV
Memorandum Opinion filed January 12, 2006.
Original Proceeding Writ of Mandamus.
Petition for Writ of Mandamus Denied.
Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.
MEMORANDUM OPINION
On December 29, 2005, relator filed a petition for writ of mandamus in this court. See TEX. GOV'T CODE ANN. § 22.221 (Vernon 2005); see also TEX. R. APP. P. 52. In his petition, relator seeks to have this court compel the Harris County District Clerk to provide copies of documents related to his 1989 criminal conviction.
We have no mandamus jurisdiction over the district clerk, except to protect our own jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a) (Vernon 2005). The relief relator seeks does not affect our jurisdiction because we have no jurisdiction over post-conviction writs of habeas corpus in felony cases. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (Vernon 2005); Hoang v. State, 872 S.W.2d 694, 697 (Tex.Crim.App. 1993). Moreover, an indigent criminal defendant is not entitled to obtain a free record to assist in preparation of a petition for writ of habeas corpus absent a showing that the habeas corpus action is not frivolous and there is a specific need for the trial records which are sought. Escobar v. State, 880 S.W.2d 782, 783 (Tex.App.-Houston [1st Dist.] 1993, no pet.). No such showing was made here.
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.