Middleton, Jonathan

• Court: Court of Criminal Appeals of Texas
• Decided: September 20, 2023
• Docket: WR-95,089-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,089-01

EX PARTE JONATHAN MIDDLETON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-1760748-A IN THE CRIMINAL DISTRICT COURT NO. 1 FROM DALLAS COUNTY

Per curiam.

OPINION

Applicant was convicted of aggravated robbery and sentenced to forty-five 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 appeal through no fault of his own or of his attorney but due to a breakdown in the system.

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

file an out-of-time appeal of his conviction in cause number F-1760748-H from the Criminal District

Court No. 1 of Dallas County. Within ten days from the date of this Court’s mandate, the trial court 2

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Delivered: September 20, 2023 Do not publish