Work, Meagan Rena ( 2019 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-90,543-01
    EX PARTE MEAGAN RENA WORK, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. D-1-DC-14-301864-A IN THE 167TH DISTRICT COURT
    FROM TRAVIS 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 two counts of
    tampering with physical evidence and sentenced to imprisonment.
    Applicant contends that she was denied her right to a direct appeal through no fault of her
    own. Applicant is represented by habeas counsel, who is also appellate counsel. The trial court has
    entered findings of fact and recommends that a late appeal be granted. The State is not opposed. The
    findings and recommendation are supported by the habeas record and applicable law. Ex parte Axel,
    
    757 S.W.2d 369
    (Tex. Crim. App. 1988); Jones v. State, 
    98 S.W.3d 700
    (Tex. Crim. App. 2003).
    2
    Applicant is entitled to the opportunity to file an out-of-time appeal of the judgments of
    conviction in Cause No. D-1-DC-14-301864 from the 167th District Court of Travis County.
    Applicant is ordered returned to that time at which she may give a written notice of appeal so that
    she 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, she 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:       November 27, 2019
    Do not publish
    

Document Info

Docket Number: WR-90,543-01

Filed Date: 11/27/2019

Precedential Status: Precedential

Modified Date: 11/28/2019