in Re: Mark Lynn Milligan ( 2015 )

DENY; and Opinion Filed April 3, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00419-CV
IN RE MARK LYNN MILLIGAN, Relator
Original Proceeding from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F1127465W
MEMORANDUM OPINION
Before Justices Bridges, Stoddart, and Schenck
Opinion by Justice Schenck
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to provide him with a free copy of the trial court record for the preparation of his petition
for discretionary review. Mandamus is appropriate in a criminal case if the relator shows that he
has no other adequate legal remedy and the act sought to be compelled is purely ministerial.
State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 67 S.W.3d 177, 180–81 (Tex.
Crim. App. 2001) (orig. proceeding). Indigent defendants are not entitled to a free copy of the
trial record for preparation of a petition for discretionary review. Ex parte Trainer, 181 S.W.3d
358, 359-60 (Tex. Crim. App. 2005) (orig. proceeding) Thus, relator has not demonstrated the
trial court has failed to perform a purely ministerial act. We deny the petition.
/David J. Schenck/
DAVID J. SCHENCK
150419F.P05 JUSTICE