Adam Jay Gonzales v. State

• Court: Court of Appeals of Texas
• Decided: July 29, 2014
• Docket: 04-08-00358-CR
• Status: Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas July 29, 2014

No. 04-08-00358-CR

Adam Jay GONZALES, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A05-467 Honorable Stephen B. Ables, Judge Presiding

ORDER Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice

Appellant’s conviction was affirmed by this court on March 18, 2009, and our mandate issued on May 21, 2009. On July 23, 2014, appellant filed a motion to obtain a free record so that he could prepare a writ of habeas corpus.

An indigent defendant ordinarily is not entitled to a free copy of his trial transcript for purposes of filing a postconviction habeas application. In re Strickhausen, 994 S.W.2d 936, 937 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). A free record is available for that purpose only if the defendant shows the habeas corpus application is not frivolous and there is a specific need for the trial records that are sought. In re Coronado, 980 S.W.2d 691, 693 (Tex. App.—San Antonio 1998, orig. proceeding). Appellant has not made any such showing here; therefore, his request is DENIED.

_________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court