Kevin Balditt v. State

The State of Fourth Court of Appeals San Antonio, Texas June 30, 2015 No. 04-15-00281-CR Kevin BALDITT, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR3121 Honorable Ray Olivarri, Judge Presiding ORDER Appellant has filed a pro se motion requesting a copy of the appellate record 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 Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC. art. 11.07. In order to obtain a free copy of the appellate 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.). Accordingly, appellant’s motion is DENIED without prejudice to seeking relief in the proper court. We order the clerk of the court to serve a copy of this order on the trial court, appellant, and all counsel. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of June, 2015. ___________________________________ Keith E. Hottle Clerk of Court