The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,115-01
EX PARTE FRANKLIN DELANO LEE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR24668-A IN THE 35TH DISTRICT COURT
FROM BROWN 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 drug possession
and sentenced to 24 months in the state jail.
Applicant contends that he was denied his right to a direct appeal through no fault of his own.
See Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex.
Crim. App. 2003). The trial court has determined that Applicant timely indicated a desire to appeal
and appellate counsel was appointed, but notice of appeal was not filed. The trial court recommends
that a late appeal be granted. The recommendation is supported by the record.
2
Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of
conviction in Cause No. CR24668 from the 35th District Court of Brown 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: August 21, 2019
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