Opinion
NO. WR-87,795-01 NO. WR-87,795-03
06-17-2020
EX PARTE EVERETT CORNELIUS GRAY, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W15-71448-I(A) & W15-55801-I(A) IN THE CRIMINAL DISTRICT COURT NO. 2 FROM DALLAS COUNTY
Per curiam. OPINION
Applicant was convicted of unlawful possession of a firearm by a felon and illegal barter, expenditure, or investment and sentenced to ten and twenty years' imprisonment, respectively. He filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends, among other things, that he was denied his right to an appeal due to no fault of his own. Based on the record, the trial court has found that Applicant was denied his right to appeal these cases.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). Applicant may file out-of-time appeals of his convictions in cause numbers F-1571448 and F-1555801-I from the Criminal District Court No. 2 District Court from Dallas 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.
Applicant's remaining grounds for relief challenging the validity of the convictions or sentences are dismissed. Ex parte Torres, 943 S.W.2d 469, 474 (Tex. Crim. App. 1997).
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: June 17, 2020
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