In Re: Carlos Valdez--Appeal from 243rd District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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) No. 08-05-00226-CR

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EX PARTE: CARLOS VALDEZ ) AN ORIGINAL

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) PROCEEDING IN MANDAMUS

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O P I N I O N

Relator Carlos Valdez seeks a writ of mandamus to compel the Honorable David Guaderrama, 243rd Judicial District Court, El Paso County to provide him with a free copy of the record from his criminal conviction for use in filing an application for writ of habeas corpus. We deny the petition for writ of mandamus.

To obtain mandamus relief in a criminal matter, the relator must establish that (1) the act sought to be compelled is ministerial, and (2) there is no adequate remedy at law. Dickens v. Court of Appeals for Second Supreme Judicial Dist. of Texas, 727 S.W.2d 542, 548 (Tex.Crim.App. 1987). The act that Relator seeks to compel is not one that is clearly required by law. Further, we note that, generally, an indigent criminal defendant is not entitled to a free transcription of prior proceedings for use in pursuing post-conviction habeas corpus relief. In re Trevino, 79 S.W.3d 794, 796 (Tex.App.--Corpus Christi 2002, orig. proceeding); Escobar v. State, 880 S.W.2d 782, 783-84 (Tex.App.--Houston [1st Dist.] 1993, no pet.).

Accordingly, the petition for writ of mandamus is denied.

July 28, 2005

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

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