Opinion issued July 18, 2002
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00674-CV
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IN RE HOMER MARTINEZ, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator requests that this Court compel the Honorable William Harmon (1) to conduct a hearing on relator's motion to provide him with a free copy of the trial record in cause number 802071, in which relator was convicted of aggravated robbery, for the purpose of filing a petition for writ of habeas corpus. This Court issued an opinion affirming appellant's conviction in cause number 802071 on October 11, 2001. Martinez v. State, No. 01-99-00989-CR, slip op. at 6 (Tex. App.--Houston [1st Dist.] Oct. 11, 2001, no pet.). Our mandate of affirmance issued on March 12, 2002. We deny the petition for writ of mandamus.
For the relator to be entitled to the extraordinary remedy of mandamus, he must establish: (1) that he has no other adequate remedy at law available; and (2) that the act sought to be compelled is a clear and fixed duty imposed by law that is purely ministerial, as opposed to discretionary or judicial in nature. Eubanks v. Mullin, 909 S.W.2d 574, 576 (Tex. App.--Fort Worth 1995) (orig. proceeding). The act that relator seeks to compel, the conducting of a hearing on a post-conviction motion to obtain a copy of the appellate record, is not one that is clearly required by law. An indigent criminal defendant is not entitled to a free transcription of prior proceedings for use in pursuing post-conviction habeas corpus relief. Id. at 576-77; Escobar v. State, 880 S.W.2d 782, 783-84 (Tex. App.--Houston [1st Dist.] 1993, no pet.).
The petition for writ of mandamus is denied.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Hedges, Jennings, and Keyes.
Do not publish. Tex. R. App. P. 47.
1.