Richard M. Lopez v. State

Opinion

Fourth Court of Appeals San Antonio, Texas April 14, 2016

No. 04-13-00300-CR

Richard M. LOPEZ, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR5395 Honorable Ron Rangel, Judge Presiding

ORDER

Appellant has filed a pro se letter requesting a copy of his trial transcripts 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 request is DISMISSED without prejudice to seeking relief in the proper court.

Appellant has also filed a pro se letter asking questions about a writ of certiorari. This court’s records reflect that a petition for writ of certiorari was filed after this court issued its opinion, and the United States Supreme Court denied the petition. _________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of April, 2016.

___________________________________ Keith E. Hottle Clerk of Court