Isreal Reyes, Sr. v. State ( 2015 )

ACCEPTED
03-15-000233-CR
5336180
THIRD COURT OF APPEALS
RICHARD E. WETZEL AUSTIN, TEXAS
ATTORNEY AT LAW 5/19/2015 10:48:33 AM
JEFFREY D. KYLE
CLERK
1411 WEST AVENUE, SUITE 100
AUSTIN, TX 78701
(512) 469-7943
Board Certified Criminal Law (512) 474-5594- fax
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3rd COURT OF APPEALS
The Texas Board of Legal Specialization www.TexasCriminalAppealsLawyer.com
AUSTIN, TEXAS
5/19/2015 10:48:33 AM
May 19, 2015 JEFFREY D. KYLE
Clerk
Heather N. Kellar
Coma! County District Clerk
150 N. Seguin Ave., Ste. 304
New Braunfels, TX
78130
Re: State of Texas v. Isreal Reyes, Sr., No. CR2012-428 and Isreal
Reyes, Sr. v. State of Texas, No. 03-15-00233-CR in the Third Court
of Appeals
Dear Clerk Kellar:
Pursuant to TEX. R. APP. P. 34.5(c)(l), this letter will serve as my official
request for you to prepare and file a supplemental Clerk's Record in the above-
styled and numbered cause. The Clerk's Record previously filed does not contain
a copy of the April 15, 2015, opinion by the Court of Criminal Appeals granting
Mr. Reyes an out of time appeal in this cause. I have included a copy of the
opinion with this letter. Please file the supplement with the Third Court of
Appeals.
Thank you for your attention to this matter.
Sincerely,
Is/Richard E. Wetzel
Richard E. Wetzel
Attorney at Law
cc: Court of Appeals
Josh Presley
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,357-01
EX PARTE ISREAL REYES, SR., Applicant
ON APPLICATION :FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR2012-428-l IN THE 207th DISTRICT COURT
FROM COMAL 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 one count of
aggravated assault with a deadly weapon against a family member, one count of endangering a child,
and one count of unlawful possession of a fireann. Applicant was sentenced to twenty years'
imprisonment for the aggravated assault count and ten years' imprisonment on the other two counts.
Applicant contends that his counsel rendered ineffective assistance because he failed to
timely file a notice of appeal. We remanded this application to the trial comt for findings of fact and
conclusions of law.
2
The trial court, after conducting a live evidentiary hearing, has determined that counsel failed
to timely file a notice of appeal. We find that Applicant is entitled to the opportunity to file an out-
of-time appeal of the judgment of conviction in Cause No. CR2012-428-l from the 107th District
Court of Coma! 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 detennine 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 ofthis 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 DepmimentofCriminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: April 15, 2015
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