Craft, Tivirus D.

• Court: Court of Criminal Appeals of Texas
• Decided: January 17, 2024
• Docket: WR-93,259-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,259-02

EX PARTE TIVIRUS CRAFT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 11084-A IN THE 411TH DISTRICT COURT FROM TRINITY COUNTY

Per curiam.

OPINION

Applicant was convicted of one count of arson, one count of tampering with evidence, and

one count of arson and sentenced to life, twenty years and two years imprisonment respectively. 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 the district clerk failed

to timely file the paperwork with the court of appeals, and failed to timely inform appellate counsel

of his appointment. Based on the record, Applicant is entitled to relief based on a breakdown in the

system.

Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may 2

file an out-of-time appeal of his conviction in cause number 11084 from the 411th District Court of

Trinity 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Delivered: January 17, 2024 Do not publish