Dotson, Richard ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-74,562-02
EX PARTE RICHARD DOTSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 11-2825-B IN THE 177TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. KELLER, P.J. filed a dissenting opinion joined by Y EARY, KEEL, and
SLAUGHTER, JJ. SLAUGHTER, J. filed a dissenting opinion joined by Y EARY, J.
OPINION
Applicant was convicted of possession of a controlled substance and sentenced to eighteen
years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Dotson v. State, No.
14-09-00213-CR (Tex. App.—Houston [14th Dist.] April 27, 2010)(not designated for publication).
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.
Applicant contends that appellate counsel was ineffective because she failed to raise an
illegal sentence claim based on the improper use of enhancements. Based on the record, the trial
court has determined that appellate counsel’s performance was deficient and that Applicant was
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prejudiced.
Relief is granted. Smith v. Robbins, 528 U.S. 259 (2000); Ex parte Miller, 330 S.W.3d 610(Tex. Crim. App. 2009). Applicant may file an out-of-time appeal of his conviction in cause number
1192825 from the 177th District Court of Harris 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. 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: March 16, 2022
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