in Re Bernard Williams

• Court: Court of Appeals of Texas
• Decided: December 1, 2011
• Docket: 11-11-00321-CR
• Status: Published

Opinion

Opinion filed December 1, 2011

In The

Eleventh Court of Appeals __________

No. 11-11-00321-CR __________

IN RE BERNARD WILLIAMS

Original Mandamus Proceeding

MEMORANDUM OPINION

Relator, Bernard Williams, has filed a petition for writ of mandamus complaining of the Hon. Carter Schildknecht, judge of the 106th District Court of Dawson County, in connection with his request for a free appellate record. We deny the petition for writ of mandamus. Relator is seeking a free appellate record in Cause No. 11-10-00237-CR, styled Bernard Williams v. State of Texas. This court issued an opinion and judgment on May 27, 2011, in Cause No. 11-10-00237-CR, affirming relator’s conviction for possession of cocaine with the intent to deliver. The Texas Court of Criminal Appeals subsequently refused relator’s petition for discretionary review in Cause No. 11-10-00237-CR on October 12, 2011. Thus, relator is seeking a free record in a criminal appellate proceeding that has been concluded. An indigent criminal defendant is not entitled, either as a matter of equal protection or of due process, to a free record of prior proceedings for use in pursuing post-conviction relief. United States v. MacCollom, 426 U.S. 317, 322-23 (1976); In re Trevino, 79 S.W.3d 794, 796 (Tex. App.—Corpus Christi 2002, orig. proceeding); Escobar v. State, 880 S.W.2d 782, 783 (Tex. App.—Houston [1st Dist.] 1993, per curiam order). To obtain a free record for use in a post-conviction proceeding, a relator must show that the subsequent proceeding is not frivolous by making a specific showing of the issues to be raised and a specific need for the record to demonstrate the right to post-conviction relief. See In re Coronado, 980 S.W.2d 691, 693 (Tex. App.—San Antonio 1998, orig. proceeding); Eubanks v. Mullin, 909 S.W.2d 574, 576–77 (Tex. App.—Fort Worth 1995, orig. proceeding); Escobar, 880 S.W.2d at 783. Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). Relator has not provided this court with anything to show that a post-conviction proceeding would not be frivolous, and he has not shown a specific need for the record. Consequently, relator has failed to demonstrate that he is entitled to a free record from the prior proceeding. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

December 1, 2011 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Kalenak, J.