Darnell Rogers v. State

Court of Appeals of Texas

Darnell Rogers v. State

DecidedJune 10, 2019

Docket04-17-00182-CR

StatusPublished

This text of Darnell Rogers v. State (Darnell Rogers v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Darnell Rogers v. State, (Tex. Ct. App. 2019).

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Fourth Court of Appeals San Antonio, Texas June 10, 2019

No. 04-17-00182-CR

Darnell ROGERS, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR12728 Honorable Kevin M. O'Connell, Judge Presiding

ORDER This court issued its mandate in appeal number 04-17-00182-CR on August 23, 2018. On June 6, 2019, appellant Darnell Rogers filed a pro se motion for a copy of the appellate record so he may prepare a response to his court-appointed counsel’s Anders brief. This court’s plenary power in appeal number 04-17-00182-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.). _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of June, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas June 10, 2019

No. 04-17-00182-CR

Darnell ROGERS, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR12728 Honorable Kevin M. O'Connell, Judge Presiding

ORDER This court issued its mandate in appeal number 04-17-00182-CR on August 23, 2018. On June 6, 2019, appellant Darnell Rogers filed a pro se motion for a copy of the appellate record so he may prepare a response to his court-appointed counsel’s Anders brief. This court’s plenary power in appeal number 04-17-00182-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.). _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of June, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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