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Striblin v. State

Fourth Court of Appeals San Antonio, Texas
Mar 16, 2020
No. 04-17-00835-CR (Tex. App. Mar. 16, 2020)

Opinion

No. 04-17-00835-CR

03-16-2020

James STRIBLIN, Appellant v. The STATE of Texas, Appellee


From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR4270
Honorable Jefferson Moore, Judge Presiding

ORDER

This court issued its mandate in appeal number 04-17-00835-CR on March 6, 2019. On March 12, 2020, appellant James Striblin filed a pro se motion for a copy of the appellate record so he may prepare a post-conviction writ of habeas corpus.

This court's plenary power in appeal number 04-17-00835-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 16th day of March, 2020.

/s/_________

MICHAEL A. CRUZ,

Clerk of Court


Summaries of

Striblin v. State

Fourth Court of Appeals San Antonio, Texas
Mar 16, 2020
No. 04-17-00835-CR (Tex. App. Mar. 16, 2020)
Case details for

Striblin v. State

Case Details

Full title:James STRIBLIN, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 16, 2020

Citations

No. 04-17-00835-CR (Tex. App. Mar. 16, 2020)