Morehead, Ex Parte Dalton Ray Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: May 19, 2010
• Docket: AP-76,354
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,354

EX PARTE DALTON RAY MOREHEAD, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 6765 IN THE 8 TH DISTRICT COURT FROM DELTA COUNTY

Per curiam.

OPINION

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 this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

assault and sentenced to eleven years’ imprisonment.

Applicant contends that he was denied the right to file an appeal. We remanded this

application to the trial court for findings of fact and conclusions of law.

The trial court has determined that a timely notice of appeal was not filed in this cause. We

find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the 2

judgment of conviction in Cause No. 6765 from the 8th Judicial District Court of Delta County.

Applicant is ordered returned to that time at which he may give a written notice of appeal so that he

may then, with the aid of counsel, obtain a meaningful appeal. All time limits shall be calculated

as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold

that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written

notice of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: May 19, 2010 Do Not Publish