The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,561-02
EX PARTE TED DARWIN MOORE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 22-10-13402 (2) IN THE 9TH DISTRICT COURT
FROM MONTGOMERY COUNTY
Per curiam.
OPINION
Applicant was convicted of possession of a controlled substance and sentenced to thirty
years’ imprisonment. The Ninth Court of Appeals dismissed his direct appeal for want of
jurisdiction. Moore v. State, No. 09-23-00383-CR (Tex. App.—Beaumont Jan. 31, 2024).
Applicant 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 appellate counsel was ineffective for failing to file a notice of appeal.
Based on the record, the trial court has determined that appellate counsel’s performance was
deficient and that Applicant was prejudiced. However, this Court finds Applicant is entitled to relief
due to a breakdown in the system.
2
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may
file an out-of-time appeal of the judgment of conviction in cause number 22-10-13402 from the 9th
District Court of Montgomery County. Within ten days from the date of this Court’s mandate, the
trial court shall 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.
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: SEPTEMBER 4, 2024
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