Lacey, Theron Lecino Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: March 30, 2011
• Docket: WR-75,522-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-75,522-01 & -02 EX PARTE THERON LECINO LACEY, JR., Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. F-0820873-S & F-0961076-S IN THE 282ND DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated robbery and sentenced to imprisonment for thirty and seventy-five years.

Applicant contends that trial counsel failed to file timely notices of appeal. The trial court concluded that Applicant was denied his right to appeal because, although notices of appeal were signed and presented to the trial court clerk, the notices were apparently misplaced and not timely filed. In its findings of fact, the trial court noted that counsel had filed an affidavit stating that he filed timely notices of appeal. Counsel's affidavit, however, was not forwarded with the record. A copy of counsel's affidavit shall be returned to this Court within 30 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: March 30, 2011

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