Rodriguez, Gerardo v. Texas, the State Of

Opinion

Fourth Court of Appeals

San Antonio, Texas

October 17, 2018

No. 04-85-00094-CR

Gerardo RODRIGUEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 38th Judicial District Court, Medina County, Texas Trial Court No. 5388

Honorable Peter Michael Curry, Judge Presiding

ORDER

Appellant has filed a pro se motion 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 motion is DENIED without prejudice to seeking relief in the proper court.

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Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of October, 2018.

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Keith E. Hottle Clerk of Court