Presley, Kvaughandre Lapaul

• Court: Court of Criminal Appeals of Texas
• Decided: April 23, 2025
• Docket: WR-96,562-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,562-01

EX PARTE KVAUGHANDRE LAPAUL PRESLEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-2125070-A IN THE CRIMINAL DISTRICT COURT NO. 6 DALLAS COUNTY

Per curiam.

OPINION

Applicant was convicted of capital murder and sentenced to life imprisonment. The Fifth

Court of Appeals dismissed his direct appeal due to want of jurisdiction. Presley v. State, No.

05-23-00233-CR (Tex. App.— Dallas Apr. 12, 2023). Applicant 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, through no fault of his own, due

to a breakdown in the system. Based on the record, the State and the trial court agree and

recommend granting Applicant an out-of-time appeal.

We agree. Relief is granted. Ex parte Riley, 193 S.W.3d 900, 901-02 (Tex. Crim. App. 2

2006). Applicant may file an out-of-time appeal of his conviction in cause number F-2125070

from the Criminal District Court No. 6 of Dallas 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Delivered: April 23, 2025 Do not publish