McDavid, Christopher

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,659-02

EX PARTE CHRISTOPHER McDAVID, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-24-904089-B IN THE 403RD DISTRICT COURT
TRAVIS COUNTY

Per curiam.

OPINION

Applicant was convicted of the unlawful possession of a firearm by a felon and sentenced

to 9 years’ imprisonment. 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 he was denied his right to an appeal because counsel failed to timely

file a notice of appeal. Based on the record, the trial court has found that counsel failed to timely file

a notice of appeal.

Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98

S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-of-time appeal of his conviction in

cause number D-1-DC-24-904089 from the 403rd District Court of Travis County. It appears that
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Applicant is represented by counsel. If that is not the case, then 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: NOVEMBER 20, 2025
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