Opinion
NO. WR-90,022-01
09-11-2019
EX PARTE DYLAN SHANE CAAD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR2012-502-1 IN THE 207 DISTRICT COURT FROM COMAL 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 aggravated robbery and sentenced to thirty years' imprisonment.
Applicant contends that his counsel rendered ineffective assistance because he failed to timely file a notice of appeal. We remanded this application to the trial court for findings of fact and conclusions of law.
Trial counsel's affidavit supports Applicant's contention that he wished to appeal the pre-trial motion. Counsel did not ensure that Applicant was appointed appellate counsel or that a notice of appeal was filed on his behalf, nor did he file a motion to withdraw from the case. Counsel has a duty to assist a client in securing his right to appeal even if he has no intention of representing him on appeal. Ex parte Axel, 757 S.W.2d 369, 374 (Tex. Crim. App. 1988). We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. CR2012-502-1 from the 207 District Court of Comal 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: September 11, 2019
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