Order filed May 6, 2014. 

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00448-CR

NO. 14-10-00449-CR

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DENWITT ZACK WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause Nos. 1207434 & 1207435

ORDER

This court affirmed appellant’s convictions for aggravated robbery and felon 

in possession of a firearm, and the Texas Court of Criminal Appeals refused 

appellant’s petition for discretionary review. See Williams v. State, Nos. 14-10-

00448-CR & 14-10-00449-CR, 2011 WL1662951 (Tex. App.—Houston [14th 

Dist.] May 3, 2011, pet. ref’d) (not designated for publication). On April 2, 2014, 

the Texas Court of Criminal Appeals denied appellant’s application for post-
conviction writs of habeas corpus pursuant to article 11.07 of the Texas Code of 

Criminal Procedure. See Ex parte Williams, Nos. WR-61,380-02 & WR-61,380-03 

(Tex. Crim. App. Apr. 2, 2014) (denying application without written order based 

on trial court’s findings). Appellant now seeks copies of his trial records and 

records related to his application for post-conviction writs without payment of 

costs for use in preparation of another application for post-conviction writs of 

habeas corpus. 

An indigent criminal defendant is entitled to a free record for his direct 

appeal. See Britt v. North Carolina, 404 U.S. 226, 227, 92 S.Ct. 431, 433 (1971); 

see also Abdnor v. State, 712 S.W.2d 136, 139 (Tex. Crim. App. 1986). The United 

States Constitution does not mandate that an indigent criminal defendant be 

provided a free record of prior proceedings for use in pursuing post-conviction 

habeas corpus relief. See United States v. MacCollom, 426 U.S. 317, 322–23, 328, 

96 S.Ct. 2086, 2090, 2093 (1976). While federal statutes may provide indigent 

defendants access to a free record in some circumstances, Texas has no such 

requirement. See, e.g., 28 U.S. § 753(f). 

In Texas, a criminal defendant is not entitled to a free copy of the record 

once he has exhausted his direct appeal, absent some compelling, recognized 

reason. See Eubanks v. Mullin, 909 S.W.2d 574, 576–77 (Tex. App.—Fort Worth 

1995, orig. proceeding). Indigent defendants are also not entitled to a copy of the 

trial record at county expense to pursue a pro se petition for discretionary review.

Ex parte Trainer, 181 S.W.3d 358, 359 (Tex. Crim. App. 2005). There is no 

general duty to provide trial records without charge for the purpose of seeking 

post-conviction habeas corpus relief. Escobar v. State, 880 S.W.2d 782, 784 (Tex. 

App.—Houston [1st Dist.] pet. ref’d). A free record is available for seeking postconviction habeas relief only if the defendant shows the habeas corpus application 
is not frivolous and there is a specific need for the trial records that are sought. See 

In re Strickhausen, 994 S.W.2d 936, 937 (Tex. App.—Houston [1st Dist.] 1999, no 

pet.); In re Coronado, 980 S.W.2d 691, 693 (Tex. App.—San Antonio 1998, orig. 

proceeding).

Appellant has made no such showing in this case. Accordingly, we DENY 

appellant’s request to be provided with copies of his trial records without cost.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Donovan and Brown.