Manuel, John Paul

• Court: Court of Criminal Appeals of Texas
• Decided: April 5, 2023
• Docket: WR-93,509-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,509-01

EX PARTE JOHN PAUL MANUEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W14-76843-J(A) IN THE CRIMINAL DISTRICT COURT NO. 3 FROM DALLAS COUNTY

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

OPINION

Applicant was convicted of murder and sentenced to 40 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 Applicant was denied his

right to an appeal due to no fault of his own.

Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may

file an out-of-time appeal of his conviction in cause number F-1476843-J from the Criminal District

Court No. 3 District Court of Dallas County. Within ten days from the date of this Court’s mandate, 2

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Delivered: April 5, 2023 Do not publish