Norton, Travis Leslie ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,415-01
EX PARTE TRAVIS LESLIE NORTON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2016CR3975-W1 IN THE 399TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam.
OPINION
After the trial court denied Applicant’s motion to suppress, a jury convicted him of possession
with intent to deliver a controlled substance, and the trial court assessed a twelve year prison
sentence. The Fourth Court of Appeals affirmed the conviction. Norton v. State, No. 04-18-00022-
CR (Tex. App.—San Antonio del. Feb. 13, 2019). Applicant had asserted on direct appeal that the
trial court erred in failing to suppress the physical evidence obtained pursuant to a warrantless search
of his person in violation of the Fourth Amendment. The appellate court found that the issue, from
its review of the appellate record, had not been preserved. Applicant 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.
2
The trial finds, “[From] both the [trial] clerk’s and the [trial] court’s records, it appears to this
court that due to a clerical error, the Fourth Court of Appeals did not receive the complete
record on appeal and thus, was unable to correctly evaluate Applicant’s sole issue on appeal. [Thus,]
due to the clerical error and the fact that the Fourth Court of Appeals did not have the complete
record on appeal, this court finds that Applicant was deprived of his right to an effective appeal and
for that reason, Applicant should be granted an out of time appeal.” See Ex parte Riley, 193 S.W.3d
900 (Tex. Crim. App. 2006). The findings and recommendation are supported by the habeas record.
Relief is granted. Applicant is returned to the direct appeal process. The appellate court shall
determine whether Applicant wishes to have and is entitled to have appellate counsel appointed. If
so, appellate counsel shall be appointed to represent Applicant on appeal. The appellate court shall
withdraw its opinion in Applicant’s case, review an appellate record that includes the suppression
hearing transcription, and issue a new opinion based on the completed record. Applicant’s remaining
habeas claims attacking the merits of the conviction are dismissed. Ex parte Torres, 943 S.W.2d 469(Tex. Crim. App. 1997).
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: MARCH 31, 2021
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