in Re James McBride

• Court: Court of Appeals of Texas
• Decided: August 22, 2019
• Docket: 01-19-00532-CR
• Status: Published

Opinion

Opinion issued August 22, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00531-CR NO. 01-19-00532-CR ——————————— IN RE JAMES MCBRIDE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator seeks a writ of mandamus to compel the trial court to act on his motion

for free records.1

1 The underlying cases are State of Texas v. James McBride, cause numbers 48133 & 48134, pending in the 239th District Court of Brazoria County, Texas, the Honorable Patrick Sebesta presiding. Relator has not established that the trial court violated a ministerial duty. See

In re Bonilla, 424 S.W.3d 528, 533 (Tex. Crim. App. 2014) (indigent defendant not

entitled to free trial record for preparation of collateral attack on conviction);

Escobar v. State, 880 S.W.2d 782, 783-84 (Tex. App.—Houston [1st Dist.] 1993,

published order) (citing U.S. v. MacCollom, 426 U.S. 317, 322–23, 328 (1976)) (to

obtain free record, defendant must show his habeas is not frivolous and must

demonstrate specific need for record).

Accordingly, we deny the petitions. Any pending motions are dismissed as

moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.