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Cintron v. State

Fourth Court of Appeals San Antonio, Texas
Dec 31, 2014
No. 04-08-00376-CR (Tex. App. Dec. 31, 2014)

Opinion

No. 04-08-00376-CR

12-31-2014

Emilio Travino CINTRON, Appellant v. THE STATE OF TEXAS, Appellee


From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-3983
Honorable Raymond Angelini, Judge Presiding

ORDER

This court's opinion issued in this appeal on February 11, 2009, and this court's mandate issued on September 30, 2009. On December 22, 2014, appellant filed a pro se motion requesting copies of documents. It would appear that the only purpose for requesting such documents would be to file a post-conviction writ of habeas corpus.

Because this court's mandate has issued, this court has no jurisdiction to consider appellant's motion. In addition, this court has no jurisdiction over post-conviction writs of habeas corpus in felony cases. See TEX. CODE CRIM. PROC. art. 11.07; In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). 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. art. 11.07. In order to obtain a free copy of the record, appellant would need to 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, 326 (1976); Escobar v. State, 880 S.W.2d 782, 783 (Tex. App.—Houston [1st Dist.] 1993, no pet.).

Appellant's motion is DISMISSED FOR LACK OF JURISDICTION. It is so ORDERED on the 31st day of December, 2014.

PER CURIAM ATTESTED TO: /s/_________

Keith E. Hotth

Clerk of Court


Summaries of

Cintron v. State

Fourth Court of Appeals San Antonio, Texas
Dec 31, 2014
No. 04-08-00376-CR (Tex. App. Dec. 31, 2014)
Case details for

Cintron v. State

Case Details

Full title:Emilio Travino CINTRON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 31, 2014

Citations

No. 04-08-00376-CR (Tex. App. Dec. 31, 2014)