CourtListener 10679111•Wallace, Melvin Lee
Testo completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,947-01
EX PARTE MELVIN LEE WALLACE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-24-1628-E-WHC1 IN THE 453RD DISTRICT COURT
HAYS COUNTY
Per curiam.
OPINION
Applicant was convicted of assault family violence–repeat offender and sentenced to thirty
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 through no fault of his own.
Applicant argues that he, therefore, should be allowed to file an out-of-time appeal. The State agrees
that Applicant is entitled to an out-of-time appeal.
Relief is granted. Applicant may file an out-of-time appeal of his conviction in cause number
CR-24-1628-E from the 453rd District Court of Hays County. Within ten days from the date of this
Court’s mandate, the trial court shall determine whether Applicant is indigent. If Applicant is
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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: September 24, 2025
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