James Striblin v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

March 16, 2020

No. 04-17-00835-CR

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.).

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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.

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MICHAEL A. CRUZ, Clerk of Court