Kedreen Marque Pugh v. the State of Texas

Fourth Court of Appeals San Antonio, Texas August 30, 2022

No. 04-19-00516-CR

Kedreen Marque PUGH, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR6053 Honorable Stephanie R. Boyd, Judge Presiding

ORDER

This court’s opinion in this appeal issued on April 20, 2022. The Texas Court of Criminal Appeals refused appellant’s petition for discretionary review on July 27, 2022. On August 22, 2022, appellant filed a pro se motion requesting a copy of the appellate record.

This court has no jurisdiction over post-conviction writs of habeas corpus in felony cases. See TEX. CODE CRIM. PROC. art. 11.07; In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). 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. art. 11.07. In order to obtain a free copy of the record, appellant would need to 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, 326 (1976); Escobar v. State, 880 S.W.2d 782, 783 (Tex. App.—Houston [1st Dist.] 1993, no pet.). Appellant’s motion is DENIED without prejudice to seeking relief in the proper court.

_________________________________ Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of August, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court