Anguiano, Jose Eduardo ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,598-02
EX PARTE JOSE EDUARDO ANGUIANO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W16-59903-O(B) IN THE 203RD DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
OPINION
Applicant was convicted of indecency with a child and sentenced to eight years’
imprisonment. He 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 due to a breakdown in the
system. Based on the record, the trial court has found that counsel failed to timely file a notice of
appeal.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).. Applicant may
file an out-of-time appeal of his conviction in cause number F-1659903-P from the 203rd District
Court of Dallas County. Within ten days from the date of this Court’s mandate, the trial court shall
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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: June 9, 2021
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