Ramiro R. Mata v. State ( 2015 )

The State /s
Fourth Court of Appeals
San Antonio, Texas
July 29, 2015
No. 04-04-00917-CR
Ramiro R. MATA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-4361
Honorable Bert Richardson, Judge Presiding
ORDER
This court issued an opinion on November 23, 2005 affirming appellant’s conviction, and
our mandate issued February 9, 2006. On July 17, 2015, appellant filed a pro se “Motion for
Discovery,” in which he asks for certain records needed to prepare a petition for habeas corpus
relief.
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:
An application for writ of habeas corpus filed after final conviction in a
felony case, other than a case in which the death penalty is imposed, must be
filed with the clerk of the court in which the conviction being challenged was
obtained, and the clerk shall assign the application to that court. When the
application is received by that court, a writ of habeas corpus, returnable to the
Court of Criminal Appeals, shall issue by operation of law.
TEX. CRIM. PROC. CODE ANN. § art. 11.07, § 3(b) (West 2015).
To obtain a free record, appellant should file a motion in the trial court in which his
conviction was obtained and demonstrate his claim is not frivolous and the record is needed to
decide the issues presented. 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.
. PER CURIAM
ATTESTED TO: _____________________
Keith E. Hottle
Clerk of Court