Opinion
No. 04-16-00640-CR
04-05-2017
Robert MARTINEZ JR., Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR6698
Honorable Jefferson Moore, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice
This court dismissed appellant's appeal for lack of jurisdiction on November 2, 2016, and our mandate issued on January 3, 2017. On March 21, 2017, appellant filed a pro se letter asking this court to send him a free record for the purpose of preparing a filing in the federal district court.
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. See In re In re Strickhausen, 994 S.W.2d 936, 937 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Neither federal due process nor equal protection requires the State to furnish a free record to an indigent prisoner. See United States v. MacCollom, 426 U.S. 317 (1976); Escobar v. State, 880 S.W.2d 782, 783-84 (Tex. App.—Houston [1st Dist.] 1993, no pet.). Therefore, we DENY appellant's motion.
It is so ORDERED on April 5, 2017.
PER CURIAM
ATTESTED TO: /s/_________
Keith E. Hottle
Clerk of Court