Bryant, Kerwin Bernard

• Court: Court of Criminal Appeals of Texas
• Decided: May 17, 2023
• Docket: WR-70,884-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-70,884-02

EX PARTE KERWIN BERNARD BRYANT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2019CR12429-W1 IN THE 399TH DISTRICT COURT FROM BEXAR COUNTY

Per curiam.

OPINION

Applicant was convicted of aggravated robbery 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 because of a breakdown in the

system. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Based on the record, the trial

court has found that Applicant was denied his right to appeal.

Relief is granted. Applicant may file an out-of-time appeal of his conviction in cause number

2019CR12429 from the 399th District Court of Bexar County. Within ten days from the date of this

Court’s mandate, the trial court shall determine whether Applicant is indigent. If Applicant is 2

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Delivered: May 17, 2023 Do not publish