English, William Hosea ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,330-01
EX PARTE WILLIAM HOSEA ENGLISH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B-17-0829-SA-W-1 IN THE 119TH DISTRICT COURT
FROM TOM GREEN 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 aggravated
robbery and sentenced to thirty-five years’ imprisonment.
Applicant contends that he was denied his right to an appeal. We remanded this application
to the trial court for a response from trial counsel and findings of fact and conclusions of law. The
trial court has determined that Applicant was denied his right to an appeal. We find that Applicant
is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in cause
number B-17-0829-SA from the 119th District Court of Tom Green County. Applicant is ordered
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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: November 20, 2019
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