Jackson, Fredrick

• Court: Court of Criminal Appeals of Texas
• Decided: May 8, 2024
• Docket: WR-90,904-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-90,904-01 & 90,904-02

EX PARTE FREDRICK JACKSON, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1546496-A & 1546498-A IN THE 179TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam. YEARY, J. concurred.

OPINION

Applicant entered open pleas of guilt to aggravated robbery and possession of a prohibited

weapon. He was sentenced to eighteen years’ imprisonment on each offense, to run concurrently.

Applicant filed these applications for writs of habeas corpus in the county of conviction, and the

district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that he was denied his right to appeal because counsel failed to

adequately inform him of and preserve his appellate rights. The trial court recommends that

Applicant be allowed to file out-of-time appeals based on a breakdown in the system.

Relief is granted. Applicant may file out-of-time appeals of his convictions in cause numbers

1546496 and 1546498 from the 179th District Court of Harris 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 written notice(s) 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Delivered: May 8, 2024 Do not publish