The State of

Fourth Court of Appeals San Antonio, Texas October 29, 2014 No. 04-06-00379-CR Omar Franklin BARNES, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CR-6055 Honorable Maria Teresa Herr, Judge Presiding ORDER Omar Franklin Barnes was convicted of murder and sentenced to life in prison. Barnes appealed, and we affirmed the trial court’s judgment on October 31, 2007. See Barnes v. State, No. 04-06-00379-CR, 2007 WL 3171298, at *1 (Tex. App.—San Antonio 2007, pet. dism’d).

Barnes subsequently filed a petition for discretionary review, which was dismissed by the Texas Court of Criminal Appeals on February 28, 2008.

On October 27, 2014, Barnes filed a motion in this court asking for “a loan of the trial and appellate record” and other “legal material” so that he can prepare a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. Barnes cites In re Carothers, No. 09-03-558-CV, 2004 WL 100547, at *1 (Tex. App.—Beaumont 2004, orig. proceeding), for the proposition that he is entitled to a “loan” of the trial and the appellate record as well as legal material consisting of Texas rules, procedures, and laws. However, Carothers provides no authority for Barnes’s request. See id. (recognizing that an indigent defendant is not entitled to a free record once he has exhausted his appeal, absent some compelling, recognized reason).

Furthermore, an indigent criminal defendant is not entitled to a free transcription of prior proceedings for use in pursuing post-conviction habeas corpus relief. Escobar v. State, 880 S.W.2d 782, 783 (Tex. App.—Houston [1st Dist.] 1993, no pet.).

Barnes’s motion is therefore DENIED.

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of October, 2014.

___________________________________ Keith E. Hottle Clerk of Court