Opinion
No. 04-12-00242-CR
10-09-2014
Donte HOUSTON, Appellant v. THE STATE OF TEXAS, Appellee
From the 349th District Court, Houston County, Texas
Trial Court No. 11CR-033
The Honorable Mark A. Calhoon, Judge Presiding
ORDER
This court issued its mandate in appeal number 04-12-00242-CR on April 30, 2013. On October 6, 2014, citing appeal number 04-12-00242-CR, pro se appellant Donte Houston filed a motion asking this court to reconsider the appeal.
This court's plenary power in appeal number 04-12-00242-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 Supp. 2012). 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 9th day of October, 2014.
/s/_________
Keith E. Hottle
Clerk of Court