Opinion
NO. WR-87,864-01
01-24-2018
EX PARTE UNDRA DONNELL CORNELIOUS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W15-76737-X(A) IN THE CRIMINAL DISTRICT COURT NO. 6 FROM DALLAS 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 aggravated sexual assault of a child and sentenced to ninety-nine years' imprisonment.
Applicant contends that he was denied his right to appeal through no fault of his own. Applicant alleges that he told trial counsel of his desire to appeal, and that trial counsel prepared documents including a notice of appeal, had Applicant sign them, and gave them to the district clerk. However, the notice of appeal did not appear in Applicant's file, and the omission was not discovered until after the deadline for filing notice of appeal had passed.
The trial court has determined that Applicant did express his desire to appeal, and that the notice of appeal prepared by trial counsel and given to the district clerk has been lost or misplaced through no fault of Applicant or trial counsel.
We find that Applicant was deprived of his right to appeal as a result of a breakdown in the system. See Ex parte Riley, 193 S.W.3d 900, 902 (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. F15-76737-X from the Criminal District Court No. 6 of Dallas 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: January 24, 2018
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