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Zambrano v. State

Fourth Court of Appeals San Antonio, Texas
Apr 5, 2016
No. 04-12-00853-CR (Tex. App. Apr. 5, 2016)

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


Summaries of

Zambrano v. State

Fourth Court of Appeals San Antonio, Texas
Apr 5, 2016
No. 04-12-00853-CR (Tex. App. Apr. 5, 2016)
Case details for

Zambrano v. State

Case Details

Full title:Carlos ZAMBRANO, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 5, 2016

Citations

No. 04-12-00853-CR (Tex. App. Apr. 5, 2016)