IN THE
TENTH COURT OF APPEALS
No. 10-11-00338-CR
IN RE ERIC DALE ANGELO
Original Proceeding
MEMORANDUM OPINION
Eric Dale Angelo, a prison inmate, seeks a writ of mandamus to compel the
Honorable F.B. (Bob) McGregor, Jr., Judge of the 66th Judicial District Court, to rule on
Angelo’s third motion for a free copy of the clerk’s and reporters’ records. According to
Angelo’s petition, the trial court has twice previously denied similar motions: once on
February 19, 2010 and once on January 27, 2011.
There are procedural problems with this petition including, but not limited to,
that the petition was not served on the respondent or the real party in interest, TEX. R.
APP. P. 9.5; 52.2. However, we use Rule 2 to look past this and other deficiencies and
dispose of Angelo’s petition. TEX. R. APP. P. 2.
Angelo has twice asked the trial court for a free record and has twice been
denied. A third motion is likely to be denied as well. 1 We hold that, based on the facts
of this case, the trial court is not required to repeatedly rule on the same motion. See In
re Birdwell, 224 S.W.3d 864, 869-870 (Tex. App.—Waco 2007, orig. proceeding) (Gray,
C.J., concurring); In re Bannister, 216 S.W.3d 555 (Tex. App.—Waco 2007, orig.
proceeding) (Gray, C.J., concurring). Accordingly, Angelo’s petition for writ of
mandamus is denied.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition denied
Opinion delivered and filed September 21, 2011
Do not publish
[OT06]
1A defendant is not entitled to a free copy of the record after exhausting the direct appeal in the absence
of a specific, compelling reason. See In re Strickhausen, 994 S.W.2d 936, 937 (Tex. App.—Houston [1st
Dist.] 1999, orig. proceeding); In re Coronado, 980 S.W.2d 691, 693 (Tex. App.—San Antonio 1998, orig.
proceeding); Eubanks v. Mullin, 909 S.W.2d 574, 576-77 (Tex. App.—Fort Worth 1995, orig. proceeding).
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