In Re: Reginald Dean--Appeal from 7th District Court of Smith County

NO. 12-05-00387-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: REGINALD DEAN, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

Relator Reginald Dean seeks a writ of mandamus requiring the Honorable Kerry Russell, Judge of the 7th Judicial District Court, Smith County, Texas, to order the official court reporter to provide him with a free copy of the record in trial court cause number 007-0002-00.

We take judicial notice that Relator appealed his conviction pro se in cause number 007-0002-00 and was provided with access to the appellate record. This court affirmed Relator s conviction, and the court of criminal appeals refused discretionary review. Dean v. State, No. 12-03-00074-CR, 2004 WL 1486154, at *7 (Tex. App. Tyler 2004, pet. ref d) (not designated for publication). We issued our mandate on January 14, 2005, and the United States Supreme Court denied certiorari on June 13, 2005.

Because Relator has exhausted his state appeals, he has now filed a postconviction application for writ of habeas corpus. However, a criminal defendant who has exhausted his state appeals is not entitled to a free record for preparing a postconviction habeas application. Eubanks v. Mullins, 909 S.W.2d 574, 576-77 (Tex. App. Fort Worth 1995, orig. proceeding).

Relator has not shown that he is entitled to mandamus relief. Accordingly, Relator s petition for writ of mandamus is denied.

SAM GRIFFITH

Justice

Opinion delivered December 7, 2005.

Panel consisted of Worthen, C.J., Griffith, J. and DeVasto, J.

(PUBLISH)