Banks, Ex Parte Tyron Lamond

• Court: Court of Criminal Appeals of Texas
• Decided: April 27, 2005
• Docket: AP-75,161
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,160; AP-75,161; AP-75,162; AP-75,163;

AP-75,164; AP-75,165; AP-75,166

EX PARTE TYRONE LAMOND BANKS, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NUMBERS F-9576608-JL, F-9576584-UVL, F-9532436-VL,

F-9532479-IVL, F-9576655-JL, F-9576654-JL, AND F-9532421-UVL

IN THE 15TH CRIMINAL JUDICIAL

DISTRICT COURT DALLAS COUNTY

Per Curiam.

O P I N I O N

These are applications for writs of habeas corpus which were transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant received four convictions for aggravated assault. His sentence in each case was assessed at confinement for 15 years and a fine in the amount of $500. Applicant also received three convictions for aggravated robbery. His sentence in each case was assessed at sixty years imprisonment in addition to a fine in the amount of $1,000. Applicant did not appeal any of his convictions or sentences.

In the instant application, Applicant contends that he was denied his right to appeal because his trial counsel failed to timely file notices of appeals even though Applicant has informed him that he desired to appeal each case.

The trial court has found that Applicant is entitled to out-of-time appeals. We agree. Applicant is granted the opportunity to file out-of-time appeals from his convictions and sentences in cause numbers F-9576608-JL, F-9576584-UVL, F-9532436-VL, F-9532479-IVL, F-9576655-JL, F-9576654-JL, and F-9532421-UVL from the 5th Criminal Judicial District in Dallas County, Texas. Applicant is ordered returned to that point in time at which he may give written notice of appeals so that he may then, with the aid of counsel, obtain meaningful appeals. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentences had been imposed on the date that the mandate of this Court issues. We hold that should Applicant desire to prosecute appeals, he must take affirmative steps to see that written notices of appeal are given within thirty days after the mandate of this Court has issued.

DELIVERED: April 27, 2005

DO NOT PUBLISH

Keasler, J., not participating.

Keller, P.J., Cochran, J., dissenting.