CourtListener 9397348•Schlett, Tommy Lee
Testo completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,746-01
EX PARTE TOMMY LEE SCHLETT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 16-2235-K368 A IN THE 368TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam.
OPINION
Applicant entered open pleas of guilty to one count of intoxication manslaughter and two
counts of intoxication assault, and was given one twenty-year sentence and two eight-year sentences,
all to run concurrently. 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 although the trial court
appointed appellate counsel and allowed trial counsel to withdraw from the representation, notice
of appeal was not timely filed. Based on the record, the trial court has found that appellate counsel
never received notification of his appointment in this case, and that had he done so, appellate counsel
would have timely filed a notice of appeal. Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex.
2
Crim. App. 2006); 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 16-2235-K368 from the 368th District Court of Williamson 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: May 3, 2023
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