Carlos Eugeno Serrano v. the State of Texas ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,016-02
EX PARTE CARLOS EUGENIO SERRANO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DC-22-26567B IN THE 52ND DISTRICT COURT
FROM CORYELL COUNTY
Per curiam.
OPINION
Applicant was convicted of evading arrest and sentenced to eight years’ 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.
Applicant contends that he was denied his right to an appeal through no fault of his own. The
trial court finds that Applicant is entitled to a late appeal. The State agrees.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). Applicant may
file an out-of-time appeal of his conviction in cause number 21-26567 from the 52nd District Court
of Coryell 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
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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.
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: October 26, 2022
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