in Re: Jay Sandon Cooper ( 2014 )

DENY; and Opinion Filed June 20, 2014.
In The
Qtnurt of Appeals
JFiftlj District of exas at Ialtas
No. 05-14-00757-CV
IN RE JAY SANDON COOPER, Relator
Original Proceeding from the County Court at Law No. 2
Grayson County, Texas
Trial Court Cause No. 2011-2-1391
MEMORANDUM OPINION
Before Justices O’Neill, Lang, and Brown
Opinion by Justice Brown
Relator filed this petition for writ of mandamus requesting that the Court order the county
clerk of Grayson County to provide him with a free copy of the clerk’s record in addition to the
copy that the clerk has filed in relator’s pending appeal so that relator can use the additional copy
to prepare his pro se appeal of his criminal conviction. Relator was adjudged indigent in the trial
court. The clerk’s record was tiled in his appeal without cost to relator on May 7,2014.
Although the Court ordinarily does not have jurisdiction to issue a writ of mandamus to a
court clerk, Texas courts of appeals may, in appropriate cases, issue writs of mandamus
necessary to enforce the jurisdiction of the court. TEx. GOVT CODE ANN. § 22.221 (West 2004);
In re Smith, 270 S.W.3d 783, 796 (Tex. App.—Waco 2008, orig. proceeding) (Mandamus
against a district clerk is appropriate if the acts of the district clerk interfere with appellate
court’s jurisdiction.). This is not such a case. Contrary to relator’s assertions, rule 20 of the
Texas Rules of Appellate procedure does not entitle a party to an additional free copy of the
record for his own personal use. Receiving an additional free copy is not the only means of
access to the record. hi ye Pius, No. 07-98-0374-CV, 1999 WL 5078, at * 1 (Te. App.—
Amarillo Jan. 5, 1999, orig. proceeding) (mem. op.). Rule 34.5(g) of the rules of appellate
procedure provides that in criminal cases an additional copy of the clerk’s record must be
retained by the trial court clerk for the parties to use with the court’s permission. TEX. R. App. P.
34.5(g). ReLator does not allege he presented a request for access to the trial court clerk’s copy
of the record which was denied. Accordingly, the Grayson County clerk has not failed to comply
with a ministerial duty because she does not have a ministerial duty to provide relator with an
additional free copy of the record. We DENY the petition for writ of mandamus.
/Ada Brown!
ADA BROWN
JUSTICE
140757F.P05
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