Ex parte Garcia

This case is not covered by Casetext's citator
COURT OF CRIMINAL APPEALS OF TEXASSep 12, 2018
NO. WR-88,292-03 (Tex. Crim. App. Sep. 12, 2018)

NO. WR-88,292-03

09-12-2018

EX PARTE PEDRO GARCIA JR., Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2016-408,822-C IN THE 364TH DISTRICT COURT FROM LUBBOCK 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 murder and sentenced to imprisonment.

Applicant contends that he was denied his right to a direct appeal of the conviction through no fault of his own. See Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). Appellate counsel has provided an affidavit, and the trial court has entered findings of fact and recommends that a late appeal be granted. The State agrees, and the findings and recommendation are supported by the habeas record and applicable law.

Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 2016-408,822 from the 364th District Court of Lubbock 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. Filed: September 12, 2018
Do not publish