Sale, Spencer Ashby

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,001-01
EX PARTE SPENCER ASHBY SALE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W10-45686-Q(A) IN THE 204TH DISTRICT COURT
FROM DALLAS 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 indecency with
a child by contact and sentenced to eight years’ imprisonment.
Applicant contends that his counsel rendered ineffective assistance because he failed to
timely file a notice of appeal and gave erroneous advice regarding appeal.
The trial court has determined that counsel was ineffective and that Applicant is entitled to
an out-of-time-appeal. We find that Applicant is entitled to the opportunity to file an out-of-time
2
appeal of the judgment of conviction in Cause No. F10-45686-Q from the 204th District Court of
Dallas County. Applicant is ordered returned to that time at which he may give a written notice of
appeal so that he 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, he 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: November 4, 2015
Do not publish