Opinion
NO. WR-46,709-03
07-22-2020
EX PARTE GEORGE S. CHAPPLE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2016CR7642-W1 IN THE 227TH DISTRICT COURT FROM BEXAR COUNTY
Per curiam. OPINION
Applicant was convicted of murder and sentenced to life imprisonment. The Fourth Court of Appeals dismissed his appeal. Chapple v. State, No. 04-18-00535-CR (Tex. App.—San Antonio Sept. 26, 2018) (not designated for publication). 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 his right to an appeal. Based on the record, the trial court has found that Applicant was denied his right to an appeal. The trial court recommended that we grant him an out-of-time appeal.
Relief is granted. Applicant may file an out-of-time appeal of his conviction in cause number 2016CR7642 from the 227th District Court of Bexar 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 him on direct appeal. All deadlines shall be calculated as if Applicant was sentenced on the date of this Court's mandate. 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. Delivered: July 22, 2020
Do not publish