Curl, Victoria

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-96,678-02

EX PARTE VICTORIA CURL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 24DCR89167-B IN THE 27TH DISTRICT COURT BELL COUNTY

Per curiam.

OPINION

Applicant pled guilty (open) to four counts of possession of a controlled substance and sentenced to fifteen years’ imprisonment. She 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 she was denied her right to an appeal because

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counsel failed to timely file a notice of appeal. Based on the record, the trial court has found that counsel failed to timely file a notice of appeal.

Relief is granted. 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 her conviction in cause number 24DCR89167 from the 27th District Court of Bell 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 her on direct appeal. Should Applicant decide to appeal, she 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Delivered: January 29, 2026 Do not publish