Opinion
No. 04-18-00087-CR
02-21-2018
Marcus A. COOPER, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR10168
Honorable Steve Hilbig, Judge Presiding
ORDER
In trial court cause number 2014CR10168, the jury found Appellant Marcus A. Cooper guilty of two counts of aggravated sexual assault and sentenced him to twenty-years' confinement and a $1,000.00 fine for each count. The trial court imposed the sentence on April 1, 2015, and ordered the sentences to run concurrently. Appellant timely appealed, and his appeal was numbered 04-15-00216-CR. This court affirmed the trial court's judgment, and this court's mandate issued on January 10, 2016.
On February 12, 2018, this court received Appellant's second notice of appeal. He complains that the investigation of the crime was flawed and that there were no African-American members of the jury.
This court's plenary power in appeal number 04-15-00216-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 (West 2015). 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.).
We ORDER Appellant to show cause in writing within TWENTY DAYS from the date of this order why this appeal should not be dismissed for want of jurisdiction. See Abbott, 271 S.W.3d at 697 n.8.
All other appellate deadlines are SUSPENDED pending further order of this 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 21st day of February, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court