Opinion
NO. WR-80,654-03
05-04-2016
EX PARTE ERIC ALVARADO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 08-0038X(A) IN THE 71ST DISTRICT COURT FROM HARRISON COUNTY
Per curiam. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated robbery and sentenced to imprisonment.
Applicant contends that he was denied his right to a direct appeal through no fault of his own. We remanded this application to the trial court for findings of fact and conclusions of law.
The trial court has determined that a clerical error on the judgment caused it to appear that Applicant's motion for new trial and notice of appeal were not timely filed. The trial court finds and recommends, "Based on the incorrect date in the judgment [Applicant] was denied his right to a meaningful appeal. This Court recommends that Habeas Relief be GRANTED by the Court of Criminal Appeals and that [Applicant] should be entitled to file an out of time appeal." The findings and recommendation are supported by the habeas record and applicable law. See Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 08-0038X from the 71st District Court of Harrison County. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. Within ten days of the issuance of this opinion, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall immediately appoint an attorney to represent Applicant on direct appeal. All time limits shall be calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: May 4, 2016
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