Opinion
04-09-00655-CR
01-31-2024
Erasmo SANTA, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2007CR10591 Honorable Maria Teresa Herr, Judge Presiding.
ORDER
Rebeca C. Martinez, Chief Justice
This court's opinion in this appeal issued on December 29, 2010. This court's mandate issued on September 28, 2011. Appellant has filed a pro se motion requesting a copy of the record in this appeal for purposes of filing an "appeal," which, at this stage, would be a post-conviction writ of habeas corpus. 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.). In order to obtain the use of a duplicate copy of the record, appellant may request the record from the trial court. See Tex. R. App. P. 34.5(g), 34.6(h); Evans v. State, No. 07-17-00399-CR, 2017 WL 4872930, at *1 n.3 (Tex. App.-Amarillo Oct. 25, 2017, no pet.) (per curiam) (mem. op., not designated for publication); In re Williams, No. 09-01-205CV, 2001 WL 668455, at *1 (Tex. App.-Beaumont June 14, 2001, orig. proceeding) (per curiam) (not designated for publication). We cannot release our copy of the record to appellant because appellant is imprisoned outside of our jurisdiction. See Tex. Gov't Code Ann. § 22.201; Tex.R.App.P. 12.4(h).
Appellant's motion is DENIED without prejudice to seeking relief in the proper court.