The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,188-01
EX PARTE AKEEM JAMAR HURTS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2020-0757-A IN THE 217TH DISTRICT COURT
ANGELINA COUNTY
Per curiam.
OPINION
Applicant was convicted of evading arrest or detention with a vehicle and
sentenced to 7 years’ imprisonment. The Twelfth Court of Appeals dismissed his
appeal for want of jurisdiction. Hurts v. State, No. 12-23-00247-CR (Tex.
App.—Tyler, Oct. 31, 2023). He 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.
2
Applicant contends that he was denied his right to an appeal because the district
clerk would not accept his notice of appeal for filing until a written judgment had been
filed. Based on the record, the trial court has found and concluded that neither
Applicant nor trial counsel voluntarily or negligently failed to file a timely notice of
appeal in this case, and equity requires providing Applicant with an out-of-time
appeal.
Relief is granted. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2006).
Applicant may file an out-of-time appeal of his conviction in cause number 2020-0757
from the 217th District Court of Angelina 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: January 15, 2026
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