Singleton, Keith Shirodd ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,793-02
EX PARTE KEITH SHIRODD SINGLETON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 27936 A-1 IN THE 12TH DISTRICT COURT
FROM WALKER 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 entered open pleas of guilty to one
charge of possession of a controlled substance and one charge of possession with intent to deliver
a controlled substance at the same time, and was sentenced to sixty years’ imprisonment in each
case, to run concurrently.
Applicant contends, among other things, that his counsel rendered ineffective assistance
because although trial counsel timely filed notice of appeal in the companion case, he failed to timely
file a notice of appeal in this case. We remanded this application to the trial court for findings of fact
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and conclusions of law. Trial counsel submitted an affidavit in which he conceded that he made a
clerical error and failed to include this cause number on the notice of appeal. Trial counsel
contended that Applicant was not prejudiced by this failure, as the court of appeals affirmed the
conviction in the companion case on appeal. The trial court agreed with trial counsel’s argument,
concluding that Applicant was not prejudiced by trial counsel’s failure to file notice of appeal in this
case.
We disagree. When, as in this situation, a defendant's right to an entire judicial proceeding
has been denied, the defendant is required to show a reasonable probability that, absent counsel's
errors, a particular proceeding would have occurred, but he is not required to show that the
proceeding would have resulted in a favorable outcome. Ex parte Crow, 180 S.W.3d 135, 138 (Tex.
Crim. App. 2005).
Therefore, we find that Applicant is entitled to the opportunity to file an out-of-time appeal
of the judgment of conviction in Cause No. 27936 A-1 from the 12th District Court of Walker
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 determine 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.
Applicant's remaining claims as to this conviction are dismissed. See Ex parte Torres, 943
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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 Pardons and Paroles Division.
Delivered: September 11, 2019
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