McCormick, Jeffrey Kole

• Court: Court of Criminal Appeals of Texas
• Decided: October 23, 2025
• Docket: WR-96,938-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,938-01

EX PARTE JEFFREY KOLE MCCORMICK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 59578-C-1 IN THE 30TH DISTRICT COURT WICHITA COUNTY

Per curiam.

OPINION

Applicant was convicted of three counts of indecency with a child by contact and one count

of indecency with a child by exposure. He was sentenced to three twenty-year terms of imprisonment

and one ten-year term of imprisonment, respectively. 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. We remanded this application as prematurely forwarded. On remand, the

trial court entered findings of fact and conclusions of law. We have now reviewed the record after

remand.

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

not timely notified of his appointment. The trial court has determined that Applicant is entitled to 2

an out-of-time appeal due to a breakdown in the system. Applicant desired to appeal his conviction

and sentence but was denied the right to appeal through no fault of his own.

Relief is granted. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2006). Applicant

may file an out-of-time appeal of his conviction in cause number 59,578 from the 30th District Court

of Wichita County. It appears that Applicant is represented by counsel. If Applicant is not

represented by counsel, then 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 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Delivered: October 23, 2025 Do not publish