Michael A. Rivas v. the State of Texas

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Fourth Court of Appeals
San Antonio, Texas
January 26, 2023
No. 04-14-00181-CR
Michael A. RIVAS,
Appellant
v.
The STATE of Texas,
Appellee
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 12-04-10954-CR
Honorable Camile Glasscock Dubose, Judge Presiding
ORDER
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
In 2014, a jury found Appellant Michael Rivas guilty of murder, aggravated assault with
a deadly weapon, and criminal conspiracy related to the death of Felix Flores. Rivas was
sentenced to imprisonment for life. On February 3, 2016, in appeal number 04-14-00181-CR,
this court issued its opinion which affirmed—as reformed—the trial court’s judgment. On June
3, 2016, this court issued its mandate in that appeal.
On January 17, 2023, Appellant filed his “Motion for Consid[er]ing Ruling.”
This court’s plenary power in appeal number 04-14-00181-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).
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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 26th day of January, 2023.
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MICHAEL A. CRUZ, Clerk of Court