Opinion
No. 04-08-00728-CR
07-10-2013
Jesse MENDEZ, Appellant v. THE STATE OF TEXAS, Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-3128B
Honorable Phil Chavarria, Jr., Judge Presiding
ORDER
Sitting:
Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Appellant has filed a motion to "check out" the appellate record for purposes of a federal writ of habeas corpus. This court issued our opinion in appellant's appeal on December 30, 2009. The Texas Court of Criminal Appeals refused appellant's petition for discretionary review in March of 2010, and our mandate issued on May 14, 2010. Thus, we no longer have jurisdiction over this matter. We DENY appellant's motion. However, our denial does not preclude appellant from seeking such relief in the federal court. If the federal court orders us to provide appellant with a copy of the appellate record, we will naturally abide by such order.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of July, 2013.
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Keith E. Hottle
Clerk of Court