Bush, Terrell ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,420-02
EX PARTE TERRELL BUSH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-01-046-CRW-B IN THE 218TH DISTRICT COURT
FROM WILSON 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 two counts of
sexual assault, and he was sentenced to twenty years’ imprisonment on each count.
Applicant contends that his prior appellate counsel rendered ineffective assistance because
that counsel failed to timely file a notice of appeal. The trial court has entered findings and
recommends that a late appeal be granted. The findings and recommendation are supported by the
habeas record.
2
Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of
conviction in Cause No. 14-01-046-CRW from the 218th District Court of Wilson 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.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: January 11, 2017
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