Opinion
04-11-00173-CR
02-16-2022
Charlton Ellison BRADSHAW, Appellant v. The STATE of Texas, Appellee
JOE D. GONZALES BEXAR COUNTY DISTRICT ATTORNEY
From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR12809A Honorable Maria Teresa Herr, Judge Presiding
JOE D. GONZALES BEXAR COUNTY DISTRICT ATTORNEY
REBECA C. MARTINEZ CHIEF JUSTICE, PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS BETH WATKINS LIZA A. RODRIGUEZ LORI I. VALENZUELA JUSTICES
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
ORDER
PATRICIA O. ALVAREZ, JUSTICE
In 2011, a jury found Appellant Charlton Ellison Bradshaw guilty of capital murder, and he was sentenced to imprisonment for life without the possibility of parole. On May 9, 2012, in appeal number 04-11-00173-CR, this court issued its memorandum opinion which affirmed the trial court's judgment. On November 16, 2012, this court issued its mandate in that appeal.
On February 10, 2022, Appellant filed his "Motion for an Evidentiary Hearing."
This court's plenary power in appeal number 04-11-00173-CR has expired; this court no longer has jurisdiction in that appeal. See Tex. R. App. P. 19.1 (plenary power period); id. 19.3 ("After its plenary power expires, the court cannot vacate or modify its judgment.").
Further, 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); accord Tex. Code Crim. Proc. Ann. art. 11.07. Post-conviction writs of habeas corpus are to 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 to prepare a post-conviction writ of habeas corpus, 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 (Tex. App.-Houston [1st Dist.] 1993, no pet.).