Dorin James Walker v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 4, 2022
• Docket: 04-13-00837-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas August 4, 2022

No. 04-13-00837-CR

Dorin James WALKER, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR8371B Honorable Raymond Angelini, Judge Presiding

ORDER This court’s opinion in this appeal issued on October 29, 2014. This court’s mandate issued on February 2, 2015. Appellant has filed a pro se motion requesting a copy of the record in this appeal for purposes of filing 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.). Appellant’s motion is DENIED without prejudice to seeking relief in the proper court.

It is so ORDERED on this 4th day of August, 2022.

PER CURIAM

ATTESTED TO: ______________________________ MICHAEL A. CRUZ, Clerk of Court