Opinion
No. 10-08-00010-CR
Opinion delivered and filed January 30, 2008.
Original Proceeding.
Petition denied.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Anthony Petruccelli seeks a writ of mandamus compelling Respondents, the Honorable Robert Stem, Judge of the 82nd District Court of Falls County, and the Honorable Larry R. Hoelscher, District Clerk of Falls County, to provide him a free copy of the trial record from his prosecution for aggravated assault to use in a postconviction habeas proceeding.
This Court affirmed Petruccelli's conviction for aggravated assault in 2005. See Petruccelli v. State, 174 S.W.3d 761 (Tex.App.-Waco 2005, pet. ref'd).
To the extent Petruccelli seeks mandamus relief against Respondent Hoelscher, this Court does not have jurisdiction to issue a writ of mandamus against a district clerk except to protect its jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(b) (Vernon 2004); In re Strickhausen, 994 S.W.2d 936, 936 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding) (per curiam). Because Petruccelli's request does not allege conduct which may deprive this Court of jurisdiction, we do not have jurisdiction to issue a writ of mandamus against Respondent Hoelscher.
A defendant is not entitled to a free copy of the record after exhausting the direct appeal in the absence of a specific, compelling reason. See Strickhausen, 994 S.W.2d at 937; In re Coronado, 980 S.W.2d 691, 693 (Tex.App.-San Antonio 1998, orig. proceeding) (per curiam); Eubanks v. Mullin, 909 S.W.2d 574, 576-77 (Tex.App.-Fort Worth 1995, orig. proceeding).
Petruccelli does not offer a specific reason for his request. Instead, he cites numerous authorities supporting the proposition that an indigent defendant is entitled to free access to a copy of the trial record for his first appeal of right. See, e.g., Griffin v. Illinois, 351 U.S. 12, 18-19, 76 S. Ct. 585, 590-91, 100 L. Ed. 891, 899 (1956); Abdnor v. State, 712 S.W.2d 136, 139 (Tex.Crim.App. 1986); Turner v. State, 71 S.W.3d 928, 929 (Tex.App.-Waco 2002, order) (per curiam). This is not a sufficient basis to warrant the relief requested. See Strickhausen, 994 S.W.2d at 937; Coronado, 980 S.W.2d at 693; Eubanks, 909 S.W.2d at 576-77.
Accordingly, the petition is denied.