in Re: David Camacho

• Court: Court of Appeals of Texas
• Decided: October 17, 2002
• Docket: 01-02-01060-CV
• Status: Published

Opinion

Opinion issued October 17, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01060-CV

IN RE DAVID CAMACHO, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator filed a petition for writ of mandamus requesting that this Court compel respondent ⁽¹⁾ to provide him with a free copy of the appellate record in cause number 26,313 in order that he may file a petition for writ of habeas corpus. We deny the petition.

Relator's petition does not meet the requirements of Rule 52.3 of the Rules of Appellate Procedure. See Tex. R. App. P. 52.3. Even if it did, for relator to be entitled to the extraordinary remedy of mandamus, he must establish: (1) that he has no other adequate remedy at law available; and (2) that the act sought to be compelled is a clear and fixed duty imposed by law that is purely ministerial, as opposed to discretionary or judicial in nature. Eubanks v. Mullin, 909 S.W.2d 574, 576 (Tex. App.--Fort Worth 1995) (orig. proceeding).

The act that relator seeks to compel is not one that is clearly required by law. An indigent criminal defendant is not entitled to a free transcription of prior proceedings for use in pursuing post-conviction habeas corpus relief. Id. at 576-77; Escobar v. State, 880 S.W.2d 782, 783-84 (Tex. App.--Houston [1st Dist.] 1993, no pet.).

The petition for writ of mandamus is denied.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Price. ⁽²⁾

Do not publish. Tex. R. App. P. 47.

1.

Respondent is the Honorable Thomas R. Culver, III, Judge, 240th District Court, Fort Bend County.

2.

The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.