Kenney, Miles Wesley ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,572-01
EX PARTE MILES WESLEY KENNEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR17-0059-01 IN THE 415TH DISTRICT COURT
FROM PARKER COUNTY
Per curiam.
ORDER
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 evading arrest and
sentenced to seventeen years’ imprisonment. The Second Court of Appeals dismissed his appeal.
Kenney v. State, No. 02-17-00375-CR (Tex. App.—Fort Worth Feb. 1, 2018) (not designated for
publication).
Applicant contends that trial counsel failed to file a timely motion for new trial and notice
of appeal. Trial counsel responded in a sworn affidavit, conceding that although Applicant told her
that he wanted to appeal his conviction, she failed to file a timely motion for new trial and notice of
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appeal. The trial court recommended that we grant Applicant relief but also found that his claims
were without merit and not proper for habeas.
The trial court shall make further findings of fact and conclusions of law as to whether
Applicant was denied his right to an appeal because trial counsel failed to file a timely notice of
appeal. The trial court shall also make any other findings of fact and conclusions of law that it deems
relevant and appropriate to the disposition of Applicant’s claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 30 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 45 days of the date of this order. Any extensions of time must be
requested by the trial court and shall be obtained from this Court.
Filed: March 20, 2019
Do not publish