Lowry, Eric Everett ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,890-01
EX PARTE ERIC EVERETT LOWRY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 13010-D IN THE 350TH DISTRICT COURT
FROM TAYLOR COUNTY
Per curiam.
OPINION
Applicant was convicted of assault of a public servant and theft, and was sentenced to thirteen
and eight years’ imprisonment, respectively. He was also convicted in one count of resisting arrest
and was sentenced to one year in the county jail for that count. He filed this application for a writ of
habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX .
CODE CRIM . PROC . art. 11.07.
As it pertains to Applicant’s conviction in count two for resisting arrest, a class A
misdemeanor, the writ application is dismissed without prejudice to pursuing habeas corpus relief in
the trial court. TEX . CODE CRIM . PROC . art. 11.09; Rodriguez v. Court of Appeals, Eighth Supreme
Judicial Dist., 769 S.W.2d 554, 558–59 (Tex. Crim. App. 1989).
2
Applicant contends that he was denied his right to an appeal due to a breakdown in the
system. Based on the record, the trial court has found facts establishing that Applicant was deprived
of his right to appeal through no fault of his own.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). Applicant may
file an out-of-time appeal of his convictions in counts one and three in cause number 13010-D from
the 350th District Court of Taylor County. Within ten days from the date of this Court’s mandate,
the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wants to be
represented by counsel, the trial court shall appoint counsel to represent him on direct appeal. All
deadlines shall be calculated as if Applicant was sentenced on the date of this Court’s mandate.
Should Applicant decide to appeal, he must file a written notice of appeal in the trial court within
thirty days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: January 13, 2021
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