Opinion
No. 08-10-00108-CR
10-07-2016
KEVIN LAMONT MCCUIN, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the Criminal District Court No. 1 of Tarrant County, Texas (TC# 1139278D) ORDER
Pending before the Court is Appellant's Motion for Records Without Charge. The mandate issued in the above-styled and numbered cause on July 23, 2012. Appellant states in his motion that he needs the record to prepare a habeas corpus petition. An indigent criminal defendant is not entitled —either as a matter of equal protection or due process—to obtain a copy of the appellate record in order 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 records which are sought. United States v. MacCollom, 426 U.S. 317, 323-26, 96 S.Ct. 2086, 2090-92, 48 L.Ed.2d 666 (1976); In re Coronado, 980 S.W.2d 691, 693 (Tex.App.--San Antonio 1998, orig. proceeding); Escobar v. State, 880 S.W.2d 782, 783 (Tex.App.--Houston [1st Dist.] 1993, order). Appellant has failed to make this showing. The motion is DENIED.
IT IS SO ORDERED this 7th day of October, 2016.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.