Fernandez, Angelita ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,584-01
EX PARTE ANGELITA FERNANDEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 7560A IN THE 32ND DISTRICT COURT
FROM MITCHELL 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 possessing a
prohibited item in a correctional facility and sentenced to eight years’ imprisonment.
Applicant contends that she was denied her right to a direct appeal through no fault of her
own. See Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988). Appellate counsel explains that
when he was appointed, Applicant was already released to an appellate bond, so it was assumed that
the notice of appeal had already been filed to vest jurisdiction in the appellate court. A notice of
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appeal, however, had not been timely filed, so Applicant’s direct appeal was later dismissed.
Fernandez v. State, No. 11-16-00351-CR (Tex. App.—Eastland Jan. 6, 2017) (not designated for
publication).
Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of
conviction in Cause No. 7560 from the 32nd District Court of Mitchell County. Applicant is ordered
returned to that time at which she may give a written notice of appeal so that she 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, she 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: April 12, 2017
Do not publish