DocketNumber： 04-16-00806-CR
Filed Date： 3/5/2019
Status： Precedential
Modified Date： 3/7/2019
Fourth Court of Appeals San Antonio, Texas March 5, 2019 No. 04-16-00806-CR Roger SALDANA, Appellant v. The STATE of Texas, Appellee From the 81st Judicial District Court, Frio County, Texas Trial Court No. 15-08-00031-CRF Honorable Russell Wilson, Judge Presiding ORDER Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice This court affirmed Roger Saldaña’s felony convictions on August 8, 2018. No timely petition for discretionary review was filed, and this court’s mandate issued on January 7, 2019. Saldaña has filed a request that copies of the record be provided to him at a reduced cost. We deny the request. Once an indigent defendant has exhausted his state appeals, he is not entitled to a free or reduced-cost copy of the record absent some compelling recognized reason. See In re Strickhausen,994 S.W.2d 936
, 937 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). If Saldañna is seeking a copy of the record for use in pursuing post-conviction habeas corpus relief, he must file his request in the trial court in which the conviction was obtained, demonstrate that his habeas corpus application is not frivolous, and that there is a specific need for the records sought. See United States v. MacCollom,426 U.S. 317
, 325–26 (1976); In re Coronado,980 S.W. 2d 691
, 693 (Tex. App.—San Antonio 1998, orig. proceeding); Escobar v. State,880 S.W.2d 782
, 783 (Tex. App.—Houston [1st Dist.] 1993, no pet.). _________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of March, 2019. ___________________________________ KEITH E. HOTTLE, Clerk of Court