in Re Delvin Wayne Jackson

• Court: Court of Appeals of Texas
• Decided: March 20, 2003
• Docket: 09-03-00122-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-03-122 CV

IN RE DELVIN WAYNE JACKSON

Original Proceeding

MEMORANDUM OPINION ⁽¹⁾

The relator, Delvin Wayne Jackson, seeks an order that he be provided a free copy of the appellate record in Appeal No. 09-00-00495 CR. We take judicial notice that Jackson appealed his conviction out of the 252nd Judicial District Court of Jefferson County, Texas, in Cause No. 81284. The relator was provided with a free record in his appeal and was represented by appointed counsel. This Court affirmed the conviction on March 13, 2002; the Court of Criminal Appeal refused Jackson's petition for discretionary review, and our mandate issued on December 2, 2002. The original record is in the possession of the Court, as required by statute, and may be inspected by the relator, his agent, or any other person who asks to view the record on the premises of the Court. See Tex. Gov't Code Ann. § 51.204 (a)(1) (Vernon Supp. 2003); In re Trevino, 79 S.W.3d 794, 796 n.1 (Tex. App.-Corpus Christi 2002, orig. proceeding).

An indigent defendant is not entitled to a free record once he has exhausted his appeal, absent some compelling, recognized reason. See In re Strickausen, 994 S.W.2d 936, 937 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding); Eubanks v. Mullin, 909 S.W.2d 574, 576-77 (Tex. App.- Fort Worth 1995, orig. proceeding); Escobar v. State, 880 S.W.2d 782, 784 (Tex. App.- Houston [1st Dist.] 1993, order).

The relator has not shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered March 20, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.