Garcia, Ryan ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,901-01
EX PARTE RYAN GARCIA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1285698R IN THE CRIMINAL DISTRICT COURT NO. 2
FROM TARRANT 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 an open plea of guilty to
one count of aggravated robbery, and was apparently sentenced to two concurrent twenty-year
sentences for two paragraphs of the same indictment.
Applicant contends that he was denied his right to appeal, because he heard nothing further
from trial counsel after the filing of a motion for new trial. We remanded this application to the trial
court for findings of fact and conclusions of law.
2
The trial court has determined that trial counsel was aware that Applicant wanted to appeal,
and that Applicant advised him that he was seeking new counsel for appeal. Applicant apparently
never secured appellate counsel, and although trial counsel filed a motion for new trial on
Applicant’s behalf, he failed to timely file a notice of appeal or withdraw from the representation so
that appellate counsel could be appointed.
We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the
judgment of conviction in Cause No. 1285698R from the Criminal District Court No. 2 of Tarrant
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: October 14, 2015
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