Carpenter, William Stephen ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,867-01
EX PARTE WILLIAM STEPHEN CARPENTER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-03-03494-CR(1) IN THE 435TH DISTRICT COURT
FROM MONTGOMERY 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 assault/family
violence and sentenced to ten years’ imprisonment.
Applicant contends that he was denied the right to appeal because a notice of appeal was not
timely filed.
The trial court has determined that Applicant was denied his right to appeal through no fault
of his own. We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the
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judgment of conviction in Cause No. 14-03-03494-CR(1) from the 435th District Court of
Montgomery 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: November 2, 2016
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