Freeman, Jesse David ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,442-01
EX PARTE JESSE DAVID FREEMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W-25892C-1 IN THE 251ST DISTRICT COURT
FROM RANDALL 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 unauthorized
possession of a firearm by a felon and sentenced to twenty-five years’ imprisonment.
Applicant contends that he was denied his right to appeal because, despite Applicant’s
expression on the record that he wanted to appeal, and despite the trial court’s appointment of
counsel to represent him on appeal and certification that he had the right to appeal, no timely notice
of appeal was filed, either by trial counsel or appellate counsel.
Appellate counsel (who filed this application on Applicant’s behalf) states that upon
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receiving the appointment document, he mistakenly believed that trial counsel had timely filed notice
of appeal. By the time appellate counsel became aware that no formal notice of appeal had been
filed, the deadline for filing notice of appeal had passed, and the appeal was dismissed for want of
jurisdiction. Freeman v. State, No. 07-16-00049-CR (Tex. App. — Amarillo, February 22, 2016)
(not designated for publication).
We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the
judgment of conviction in Cause No. 25,892-C from the 251st District Court of Randall 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: September 14, 2016
Do not publish