Henderson, Ex Parte Billy Ray

• Court: Court of Criminal Appeals of Texas
• Decided: April 25, 2007
• Docket: AP-75,668
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,668 EX PARTE BILLY RAY HENDERSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F03-34709-UW IN THE 363^RD DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of delivery of a controlled substance and sentenced to imprisonment for life. The Sixth Court of Appeals affirmed his conviction. Henderson v. State, No. 06-03-00221-CR (Tex. App.-Texarkana, delivered July 1, 2004, no pet.).

Applicant contends, among other things, that he was denied his right to appeal because he was not able to sufficiently review the trial record. On December 20, 2006, we remanded this application to the trial court for findings of fact and conclusions of law. On remand, the trial court concluded that Applicant's insufficient review of the record resulted in a denial of his right to appeal. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. F03-34709-UW from the 363^rd Judicial District Court of Dallas County. Applicant is ordered returned to that point at which he may file a pro se brief with the Sixth Court of Appeals. The trial court shall provide a copy of the trial record to Applicant. The Sixth Court of Appeals shall calculate the filing deadlines.

Applicant's remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: April 25, 2007

Do Not Publish