Charlton Ellison Bradshaw v. the State of Texas ( 2022 )

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COURT OF APPEALS
REBECA C. MARTINEZ FOURTH COURT OF APPEALS DISTRICT MICHAEL A. CRUZ,
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
PATRICIA O. ALVAREZ 300 DOLOROSA, SUITE 3200
LUZ ELENA D. CHAPA SAN ANTONIO, TEXAS 78205-3037
IRENE RIOS WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE
BETH WATKINS (210) 335-2635
LIZA A. RODRIGUEZ
LORI I. VALENZUELA FACSIMILE NO.
JUSTICES (210) 335-2762
February 16, 2022
Charlton Ellison Bradshaw Joe D. Gonzales
#1703357 Bexar County District Attorney
Connally Unit 101 W. Nueva St., Suite 370
899 FM 632 San Antonio, TX 78205
Kenedy, TX 78119 * DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-11-00173-CR
Trial Court Case Number: 2009CR12809A
Style: Charlton Ellison Bradshaw
v.
The State of Texas
Enclosed please find the order which the Honorable Court of Appeals has
issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
MICHAEL A. CRUZ, Clerk of Court
______________________
Cecilia Phillips
Deputy Clerk, Ext. 5-3221
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Fourth Court of Appeals
San Antonio, Texas
February 16, 2022
No. 04-11-00173-CR
Charlton Ellison BRADSHAW,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR12809A
Honorable Maria Teresa Herr, Judge Presiding
ORDER
In 2011, a jury found Appellant Charlton Ellison Bradshaw guilty of capital murder, and
he was sentenced to imprisonment for life without the possibility of parole. On May 9, 2012, in
appeal number 04-11-00173-CR, this court issued its memorandum opinion which affirmed the
trial court’s judgment. On November 16, 2012, this court issued its mandate in that appeal.
On February 10, 2022, Appellant filed his “Motion for an Evidentiary Hearing.”
This court’s plenary power in appeal number 04-11-00173-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 February, 2022.
___________________________________
MICHAEL A. CRUZ, Clerk of Court