eLaws | Code of Federal Regulations | United States Code |
 All Courts
 State Courts
 Court of Criminal Appeals of Texas
 2012-09

Long, Ex Parte Troy Franklin Iii ( 2012 )


Menu:















  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS



    NO. AP-76,880

    EX PARTE TROY FRANKLIN LONG III, Applicant


    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. F14217 IN THE 276TH DISTRICT COURT

    FROM MARION COUNTY

    Per curiam.  

    O P I N I O N



    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 murder and sentenced to twenty years' imprisonment.

    Applicant contends that his counsel rendered ineffective assistance because he failed to timely file a notice of appeal.

    The trial court has determined that Applicant was deprived of his right to pursue a direct appeal through no fault of his own. The State agrees. We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. F14217 from the 276th District Court of Marion County. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). 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 the trial court has appointed Applicant appellate counsel. If this is not the case, 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: September 12, 2012

    Do not publish

Leave a Comment

Document Info

Docket Number： AP-76,880

Filed Date： 9/12/2012

Precedential Status： Precedential

Modified Date： 9/16/2015