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Pugh v. State

Court of Appeals of Texas, Fourth District, San Antonio
Aug 30, 2022
No. 04-19-00516-CR (Tex. App. Aug. 30, 2022)

Opinion

04-19-00516-CR

08-30-2022

Kedreen Marque PUGH, Appellant v. The STATE of Texas, Appellee


From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR6053 Honorable Stephanie R. Boyd, Judge Presiding

ORDER

Rebeca C. Martinez, Chief Justice.

This court's opinion in this appeal issued on April 20, 2022. The Texas Court of Criminal Appeals refused appellant's petition for discretionary review on July 27, 2022. On August 22, 2022, appellant filed a pro se motion requesting a copy of the appellate record.

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 DENIED without prejudice to seeking relief in the proper court.


Summaries of

Pugh v. State

Court of Appeals of Texas, Fourth District, San Antonio
Aug 30, 2022
No. 04-19-00516-CR (Tex. App. Aug. 30, 2022)
Case details for

Pugh v. State

Case Details

Full title:Kedreen Marque PUGH, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 30, 2022

Citations

No. 04-19-00516-CR (Tex. App. Aug. 30, 2022)