COURT OF APPEALS

REBECA C. MARTINEZ

 CHIEF JUSTICE

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

IRENE RIOS

BETH WATKINS

LIZA A. RODRIGUEZ

LORI I. VALENZUELA

 JUSTICES

FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 

300 DOLOROSA, SUITE 3200

SAN ANTONIO, TEXAS 78205-3037

WWW.TXCOURTS.GOV/4THCOA.ASPX

MICHAEL A. CRUZ, 

CLERK OF COURT

TELEPHONE

(210) 335-2635

FACSIMILE NO.

(210) 335-2762

February 16, 2022

Charlton Ellison Bradshaw

#1703357

Connally Unit

899 FM 632

Kenedy, TX 78119

Joe D. Gonzales

Bexar County District Attorney

101 W. Nueva St., Suite 370

San Antonio, TX 78205

* 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

O R D E R

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

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