Opinion
WR-82,340-02
10-26-2022
EX PARTE ROBERT CLAYTON BRADLEY, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR18-0469-392-A IN THE 392ND DISTRICT COURT FROM HENDERSON COUNTY
OPINION
Per Curiam.
Applicant was convicted of murder and sentenced to 30 years' imprisonment. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends that he was denied the right to pursue a direct appeal. The trial court finds and concludes that Applicant invoked his right to appeal and was denied the right to appeal through no fault of his own. The trial court has determined that Applicant is entitled to pursue an out-of-time appeal.
Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-of-time appeal of the judgment of conviction in cause number CR18-0469-392 from the 392nd District Court of Henderson County. Within ten days from the date of this Court's mandate, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent on direct appeal. Should Applicant decide to appeal, he must file a written notice of appeal in the trial court within thirty days from the date of this Court's mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.