Opinion
No. 04-17-00604-CR
11-04-2020
Markus Lorenzo SCOTT, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR5941
Honorable Laura Lee Parker, Judge Presiding
ORDER
In 2017, Appellant Markus Lorenzo Scott pled guilty to two counts of assault. The trial court sentenced Scott to forty-five years' confinement for count one and twenty years for count two, with the sentences to run concurrently. Scott timely appealed, and the case was assigned appeal number 04-17-00604-CR.
Scott's court-appointed counsel filed an Anders brief, but Scott failed to timely file a pro se brief. On December 12, 2018, this court affirmed the trial court's judgment. We issued the mandate on February 21, 2019.
On October 2, 2020, Scott, representing himself, filed a motion for this court to issue a mandate. This court sent him a copy of the February 21, 2019 mandate. On October 30, 2020, Scott filed an acknowledgment of receipt, in which he notified this court that he had never been afforded the "necessary basic tools for his appeal," namely the clerk's record and reporter's record.
This court's plenary power in appeal number 04-17-00604-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. 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 4th day of November, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court