In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-042 CV
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IN RE CHRISTOPHER ALLEN SIMONS
The relator, Christopher Allen Simons, seeks an order that he be provided a free copy of the documents filed in trial court Cause No. 14251, including the trial court's minutes, probation reports, and the record of the proceedings conducted in the trial court. This Court dismissed Simons's appeal and our mandate issued June 25, 2001. Simons v. State, No. 09-00-329-CR (Tex. App.--Beaumont 2001, no pet.). Simons requested that a record be prepared for the purpose of preparing an application for writ of habeas corpus.
An indigent defendant is not entitled to a free record once he has exhausted his appeal, absent some compelling, recognized reason. See Eubanks v. Mullin, 909 S.W.2d 574, 576-77 (Tex. App.--Fort Worth 1995, orig. proceeding); Escobar v. State, 880 S.W.2d 782, 784 (Tex. App.--Houston [1st Dist.] 1993, order). Simons has not demonstrated that he would be entitled to have the merits of a cognizable claim addressed in a habeas corpus proceeding.
The relator has not shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied.
WRIT DENIED.
PER CURIAM
Opinion Delivered February 1, 2007
Before McKeithen, C.J., Gaultney and Kreger, JJ.