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Date: 09-16-2019
Case Style:
In re James McBride
Case Number: NO. 01-19-00531-CR NO. 01-19-00532-CR
Judge: PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.
Court: Court of Appeals For The First District of Texas
Plaintiff's Attorney: Jeri Yenne
Defendant's Attorney:
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Relator seeks a writ of mandamus to compel the trial court to act on his motion
for free records.
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).
Outcome: Accordingly, we deny the petitions. Any pending motions are dismissed as
moot.
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