Hampton, David

• Court: Court of Criminal Appeals of Texas
• Decided: May 15, 2024
• Docket: WR-95,500-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,500-01

EX PARTE DAVID HAMPTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-2022-CR-0919-A IN THE 137TH DISTRICT COURT FROM LUBBOCK COUNTY

Per curiam. Slaughter, J., filed a concurring opinion.

OPINION

Applicant was convicted of murder and sentenced to fifty 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 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 his conviction

in cause number DC-2022-CR-0919 from the 137th District Court of Lubbock County. Within ten 2

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Delivered: MAY 15, 2024 Do not publish