The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,419-01
EX PARTE DOMINIQUE REED, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2011CR0009-W1 IN THE 290TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. YEARY, J. did not participate.
OPINION
Applicant was convicted of murder and sentenced to life imprisonment. 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. He filed a notice of appeal, but the appeal
was dismissed for want of jurisdiction. Reed v. State, No. 04-15-00171-CR (Tex. App.—San
Antonio May 27, 2015)(not designated for publication).
Applicant contends that he was denied his right to an appeal his sentence because appellate
counsel erroneously informed the appellate court that this was a plea bargain case and Applicant had
no right to appeal. While Applicant pleaded guilty to the offense, there was no agreement as to
punishment because he pled open to the trial court. He therefore should have been allowed to appeal
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any potential sentencing issues.
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 his sentence
in cause number 2011CR0009 from the 290th District Court of Bexar 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.
Applicant’s remaining claims are dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim.
App. 1997). 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: February 7, 2024
Do not publish