Opinion
No. 04-12-00853-CR
04-05-2016
Carlos ZAMBRANO, Appellant v. The STATE of Texas, Appellee
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2011CRM000635D2
Honorable Monica Z. Notzon, Judge Presiding
ORDER
Appellant filed a pro se motion with this court requesting a copy of the appellate record. Appellant states he is exercising his right of appeal under the Texas Constitution and Article 44.02, but the mandate in his direct appeal issued on May 5, 2014. We construe Appellant's request as one pertaining to his filing a post-conviction writ of habeas corpus.
This court has "no jurisdiction over post-conviction writs of habeas corpus in felony cases." In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding) (per curiam); accord TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). An application for a post-conviction writ of habeas corpus must be filed in the trial court in which the conviction was obtained and made returnable to the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07(b).
To obtain a free copy of the record, Appellant must file a motion in the trial court in which the conviction was obtained and demonstrate that his claim is not frivolous and that the record is needed to decide the issues presented. See United States v. MacCollom, 426 U.S. 317, 325-26 (1976); Escobar v. State, 880 S.W.2d 782, 783-84 (Tex. App.—Houston [1st Dist.] 1993, no pet.) (per curiam).
Appellant's motion is DISMISSED FOR WANT OF JURISDICTION without prejudice to Appellant seeking relief in the proper court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of April, 2016.
/s/_________
Keith E. Hottle
Clerk of Court