in Re: Dien Nguyen

• Court: Court of Appeals of Texas
• Decided: September 6, 2002
• Docket: 01-02-00924-CV
• Status: Published

Opinion

Opinion issued September 6, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00924-CV

IN RE DIEN NGUYEN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator requests that this Court compel the respondent ⁽¹⁾ to provide him with a free copy of the clerk's record and reporter's record in cause number 815902 in which relator was convicted by a jury of aggravated robbery. The Seventh Court of Appeals affirmed relator's conviction in Nguyen v. State, No. 07-00-0331-CR (Tex. App.--Amarillo June 27, 2001, pet. ref'd) (not designated for publication). We deny the petition for writ of mandamus.

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.

All relief requested is denied.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Radack.

Do not publish.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

1.

Respondent is the Honorable J. Michael Wilkinson, Judge, 179th District Court, Harris County.