Charlton Ellison Bradshaw v. State ( 2015 )

The State /s
Fourth Court of Appeals
San Antonio, Texas
July 29, 2015
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
This court issued its mandate in appeal number 04-11-00173-CR on November 16, 2012.
On July 27, 2015, citing appeal number 04-11-00173-CR, pro se appellant Charlton Ellison
Bradshaw filed a motion asking this court to provide him a copy of State’s Exhibit 35. He
advised this court he has not been able to obtain a copy of the exhibit and he is being denied his
right to appellate relief.
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 (West 2015). 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.).
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 29th day of July, 2015.
___________________________________
Keith E. Hottle
Clerk of Court