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Gutierrez v. State

Fourth Court of Appeals San Antonio, Texas
Feb 6, 2018
No. 04-16-00605-CR (Tex. App. Feb. 6, 2018)

Opinion

No. 04-16-00605-CR

02-06-2018

Joe GUTIERREZ, JR., Appellant v. The STATE of Texas, Appellee


From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 14-11-0223-CRA
Honorable Donna S. Rayes, Judge Presiding

ORDER

This court issued its mandate in appeal number 04-16-00605-CR on June 14, 2017. On January 31, 2018, citing appeal number 04-16-00605-CR, pro se appellant Joe Gutierrez Jr. filed a motion for rehearing.

This court's plenary power in appeal number 04-16-00605-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.).

/s/_________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of February, 2018.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Gutierrez v. State

Fourth Court of Appeals San Antonio, Texas
Feb 6, 2018
No. 04-16-00605-CR (Tex. App. Feb. 6, 2018)
Case details for

Gutierrez v. State

Case Details

Full title:Joe GUTIERREZ, JR., Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 6, 2018

Citations

No. 04-16-00605-CR (Tex. App. Feb. 6, 2018)