Kevin Lamont McCuin v. State

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS §

KEVIN LAMONT MCCUIN, § No. 08-10-00108-CR

Appellant, § Appeal from the

v. § Criminal District Court No. 1

THE STATE OF TEXAS, § of Tarrant County, Texas

State. § (TC# 1139278D)

§ ORDER

Pending before the Court is Appellant’s Motion for Records Without Charge. The mandate issued in the above-styled and numbered cause on July 23, 2012. Appellant states in his motion that he needs the record to prepare a habeas corpus petition. An indigent criminal defendant is not entitled —either as a matter of equal protection or due process—to obtain a copy of the appellate record in order to assist in preparation of a petition for writ of habeas corpus absent a showing that the habeas corpus action is not frivolous and there is a specific need for the records which are sought. United States v. MacCollom, 426 U.S. 317, 323-26, 96 S.Ct. 2086, 2090–92, 48 L.Ed.2d 666 (1976); In re Coronado, 980 S.W.2d 691, 693 (Tex.App.--San Antonio 1998, orig. proceeding); Escobar v. State, 880 S.W.2d 782, 783 (Tex.App.--Houston [1st Dist.] 1993, order). Appellant has failed to make this showing. The motion is DENIED. . IT IS SO ORDERED this 7th day of October, 2016.

PER CURIAM

Before McClure, C.J., Rodriguez, and Hughes, JJ.