Nevels, Brenton Dshon

• Court: Court of Criminal Appeals of Texas
• Decided: May 10, 2006
• Docket: WR-64,475-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,475-01 EX PARTE BRENTON D'SHON NEVELS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

TRIAL COURT CAUSE NO. 27,781-CR

IN THE 13^TH JUDICIAL DISTRICT COURT

FROM NAVARRO COUNTY

Per curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of aggravated robbery, and punishment was assessed at confinement for thirty years. No direct appeal was taken.

Applicant contends that he was denied his right to appeal. The trial court has entered findings of fact and conclusions of law recommending that relief be granted in the interest of justice. We disagree.

An Applicant has the burden of pleading facts which, if true, would entitle him or her to relief. Ex parte Maldonado, 688 S.W.2d 114, 116 (Tex. Crim. App. 1985). In the instant habeas application, Applicant alleges he did not know if he wanted an appeal when asked by the trial court, so he asked his lawyer for help. Applicant then states he lost contact with his attorney. Since Applicant does not allege he asked for an appeal, or that he even wanted an appeal, this Court cannot find his attorney ineffective for failing to file an appeal. Habeas corpus relief seeking an out-of-time appeal is denied.

IT IS SO ORDERED THIS THE 10^th DAY OF May, 2006.

DO NOT PUBLISH