Fourth Court of Appeals San Antonio, Texas September 9, 2015 No. 04-13-00530-CR Oscar David PARDO, Appellant v. THE STATE OF TEXAS, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR5260 Honorable Ron Rangel, Judge Presiding

ORDER After conviction for the offense of injury to a child, appellant sought review in this court.

We rendered a judgment affirming appellant’s conviction on December 17, 2014. Thereafter, our mandate issued on May 14, 2015. On September 3, 2015, appellant filed a pro se motion requesting a copy of the record for purposes of filing a post-conviction writ of habeas corpus.

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 Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC. art. 11.07.

To obtain a free copy of the record, appellant must file a motion in the trial court in which the conviction was obtained and demonstrate his claim is not frivolous and 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.).

Accordingly, we DENY appellant’s motion for a copy of the record; however, the denial is without prejudice, and appellant may seek relief in the proper court.

We order the clerk of this court to serve a copy of this order on the trial court, appellant, the attorney for the State, and the district clerk. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of September, 2015.

___________________________________ Keith E. Hottle Clerk