Opinion

Curl, Victoria

Court
Court of Criminal Appeals of Texas
Filed
Jan 29, 2026
Status
Published
Nature of suit
11.07 HC
Cited by
0 cases
Authority
More cited than 38.4%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-96,678-02

EX PARTE VICTORIA CURL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 24DCR89167-B IN THE 27TH DISTRICT COURT

BELL COUNTY

Per curiam.

OPINION

Applicant pled guilty (open) to four counts of possession of a controlled

substance and sentenced to fifteen years’ imprisonment. She 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 she was denied her right to an appeal because

2

counsel failed to timely file a notice of appeal. Based on the record, the trial court

has found that counsel failed to timely file a notice of appeal.

Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988);

Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-

of-time appeal of her conviction in cause number 24DCR89167 from the 27th

District Court of Bell 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 her on direct appeal. Should Applicant decide to

appeal, she 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 29, 2026

Do not publish

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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