Baldwin, Ex Parte Timothy Quinten

• Court: Court of Criminal Appeals of Texas
• Decided: January 9, 2013
• Docket: AP-76,937
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,937

EX PARTE TIMOTHY QUINTEN BALDWIN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D120021-R IN THE 260TH DISTRICT COURT FROM ORANGE 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 sexual

assault and sentenced to fifty years’ imprisonment.

Applicant contends that he was denied his right to appeal the conviction and sentence through

no fault of his own. The trial court recommends granting Applicant an out-of-time appeal, and the

recommendation is supported by the writ record. Applicant is entitled to the opportunity to file an

out-of-time appeal of the judgment of conviction in Cause No. D120021-R from the 260th District

Court of Orange County. Applicant is ordered returned to that time at which he may give a written -2-

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Delivered: January 9, 2013 Do not publish