Hickman, Bobby Joe ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,503-01
EX PARTE BOBBY JOE HICKMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 09-02-01908-CR-(1) IN THE 9TH DISTRICT COURT
FROM MONTGOMERY 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 injury to a child
and sentenced to seven years’ imprisonment.
Applicant contends that he was denied the opportunity to file an appeal. Counsel filed an
affidavit with the trial court. The trial court found her affidavit credible and determined that
Applicant did not have the opportunity to file an appeal. We conclude that there was a breakdown
in the system. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2006).
2
We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the
judgment of conviction in Cause No. 09-02-01908-CR-(1) from the 9th District Court of
Montgomery 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.
It appears that Applicant is represented by counsel. Within ten days of the issuance of this
opinion, the trial court shall determine if Applicant is represented by counsel, and if not, 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: March 29, 2017
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