in Re James McBride ( 2019 )

Opinion issued August 22, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00531-CR
NO. 01-19-00532-CR
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IN RE JAMES MCBRIDE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator seeks a writ of mandamus to compel the trial court to act on his motion
for free records.1
1
The underlying cases are State of Texas v. James McBride, cause numbers 48133 &
48134, pending in the 239th District Court of Brazoria County, Texas, the
Honorable Patrick Sebesta presiding.
Relator has not established that the trial court violated a ministerial duty. See
In re Bonilla, 424 S.W.3d 528, 533 (Tex. Crim. App. 2014) (indigent defendant not
entitled to free trial record for preparation of collateral attack on conviction);
Escobar v. State, 880 S.W.2d 782, 783-84 (Tex. App.—Houston [1st Dist.] 1993,
published order) (citing U.S. v. MacCollom, 426 U.S. 317, 322–23, 328 (1976)) (to
obtain free record, defendant must show his habeas is not frivolous and must
demonstrate specific need for record).
Accordingly, we deny the petitions. Any pending motions are dismissed as
moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
2