Page, Billy Lee ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,252-02
EX PARTE BILLY LEE PAGE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 26545A IN THE 3RD JUDICIAL DISTRICT COURT
FROM ANDERSON COUNTY
Per curiam.
ORDER
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 aggravated
assault and was sentenced to twenty years’ imprisonment.
Applicant alleges that he informed counsel of his desire to appeal this sentence, but counsel
failed to secure his right to appeal. This Court remanded this application to the trial court for a
response from counsel and findings of fact and conclusions of law.
On June 23, 2015, the trial court signed findings of fact and conclusions of law
recommending that relief be granted. However, this Court disagrees. Counsel testified at a habeas
hearing that he discussed the right to appeal with Applicant after his sentencing and Applicant
informed him that he did not wish to appeal. There is no indication in the record that counsel’s
testimony is not credible. There is no indication that Applicant ever informed counsel or the trial
court of his alleged desire to appeal until filing this habeas application over nine years after his
sentencing hearing.
Based on this Court’s independent review of the entire record, we deny relief.
Filed: September 16, 2015
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