Charlton Ellison Bradshaw v. the State of Texas

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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