Denwitt Zack Williams v. State

• Court: Court of Appeals of Texas
• Decided: May 6, 2014
• Docket: 14-10-00448-CR
• Status: Published

Opinion

Order filed May 6, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-10-00448-CR NO. 14-10-00449-CR ____________

DENWITT ZACK WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court Harris County, Texas Trial Court Cause Nos. 1207434 & 1207435

ORDER

This court affirmed appellant’s convictions for aggravated robbery and felon in possession of a firearm, and the Texas Court of Criminal Appeals refused appellant’s petition for discretionary review. See Williams v. State, Nos. 14-10- 00448-CR & 14-10-00449-CR, 2011 WL1662951 (Tex. App.—Houston [14th Dist.] May 3, 2011, pet. ref’d) (not designated for publication). On April 2, 2014, the Texas Court of Criminal Appeals denied appellant’s application for post- conviction writs of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. See Ex parte Williams, Nos. WR-61,380-02 & WR-61,380-03 (Tex. Crim. App. Apr. 2, 2014) (denying application without written order based on trial court’s findings). Appellant now seeks copies of his trial records and records related to his application for post-conviction writs without payment of costs for use in preparation of another application for post-conviction writs of habeas corpus.

An indigent criminal defendant is entitled to a free record for his direct appeal. See Britt v. North Carolina, 404 U.S. 226, 227, 92 S.Ct. 431, 433 (1971); see also Abdnor v. State, 712 S.W.2d 136, 139 (Tex. Crim. App. 1986). The United States Constitution does not mandate that an indigent criminal defendant be provided a free record of prior proceedings for use in pursuing post-conviction habeas corpus relief. See United States v. MacCollom, 426 U.S. 317, 322–23, 328, 96 S.Ct. 2086, 2090, 2093 (1976). While federal statutes may provide indigent defendants access to a free record in some circumstances, Texas has no such requirement. See, e.g., 28 U.S. § 753(f).

In Texas, a criminal defendant is not entitled to a free copy of the record once he has exhausted his direct appeal, absent some compelling, recognized reason. See Eubanks v. Mullin, 909 S.W.2d 574, 576–77 (Tex. App.—Fort Worth 1995, orig. proceeding). Indigent defendants are also not entitled to a copy of the trial record at county expense to pursue a pro se petition for discretionary review. Ex parte Trainer, 181 S.W.3d 358, 359 (Tex. Crim. App. 2005). There is no general duty to provide trial records without charge for the purpose of seeking post-conviction habeas corpus relief. Escobar v. State, 880 S.W.2d 782, 784 (Tex. App.—Houston [1st Dist.] pet. ref’d). A free record is available for seeking post- conviction habeas relief 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. See In re Strickhausen, 994 S.W.2d 936, 937 (Tex. App.—Houston [1st Dist.] 1999, no pet.); In re Coronado, 980 S.W.2d 691, 693 (Tex. App.—San Antonio 1998, orig. proceeding).

Appellant has made no such showing in this case. Accordingly, we DENY appellant’s request to be provided with copies of his trial records without cost.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Donovan and Brown.