Emilio Travino Cintron v. State

The State of TexasAppellee/s Fourth Court of Appeals San Antonio, Texas December 31, 2014 No. 04-08-00376-CR Emilio Travino CINTRON, Appellant v. THE STATE OF TEXAS, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-3983 Honorable Raymond Angelini, Judge Presiding O R D E R This court’s opinion issued in this appeal on February 11, 2009, and this court’s mandate issued on September 30, 2009. On December 22, 2014, appellant filed a pro se motion requesting copies of documents. It would appear that the only purpose for requesting such documents would be to file a post-conviction writ of habeas corpus. Because this court’s mandate has issued, this court has no jurisdiction to consider appellant’s motion. In addition, 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 DISMISSED FOR LACK OF JURISDICTION. It is so ORDERED on the 31st day of December, 2014. PER CURIAM ATTESTED TO: ____________________________ Keith E. Hottle Clerk of Court