In re Mark M. Smith--Appeal from 187th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00092-CV
IN RE MARK M. SMITH,
Original Mandamus Proceeding
Arising from the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 1995-CR-4397
Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: March 3, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus filed on February 12, 2004. The court is of the opinion that relator is not entitled to the relief sought. A criminal defendant is not entitled to a free record in order to pursue post-conviction habeas corpus relief. See In re trickhausen, 994 S.W.2d 936, 937 (Tex. App.--Houston [1st Dist.] 1999, orig. proceeding). Accordingly, relator's petition for writ of mandamus is denied.

PER CURIAM