Raines, Charles Joshua

• Court: Court of Criminal Appeals of Texas
• Decided: November 1, 2023
• Docket: WR-64,722-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-64,722-04

EX PARTE CHARLES JOSHUA RAINES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 11768-C IN THE 21ST DISTRICT COURT FROM BURLESON 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 writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to aggravated assault

and was placed on deferred adjudication community supervision. His guilt was adjudicated a few

years later, and he was sentenced to fifteen years’ imprisonment.

Applicant gave a pro se notice of appeal immediately upon the entry of the judgment

adjudicating his guilt. The appellate court attempted to inform appointed appellate counsel that

Applicant’s general notice of appeal did not invoke the court’s jurisdiction under Texas Rule of

Appellate Procedure 25.2 and ordered appellate counsel to submit a letter identifying the issues to 2

be raised on appeal and explaining how the court had jurisdiction over those issues. Appellate

counsel did not respond, and the appellate court determined that the record did not demonstrate an

issue relating to the trial court’s jurisdiction. As such, the appellate court dismissed the appeal for

want of jurisdiction.

Applicant contends, among other things, that he was denied his right to appellate counsel and

therefore his right to an appeal. Applicant attaches a letter that he recently received from appellate

counsel in support of his claim. In it, appellate counsel states that he never received notice of his

appointment to Applicant’s case and that the relevant appellate documents do not contain his correct

address. Based on the record, we find that Applicant was denied the right to appeal through no fault

of his own but because of a breakdown in the system.

Relief is granted. Ex parte Riley, 193 S.W3d 900 (Tex. Crim. App. 2006). Applicant may

file an out-of-time appeal of his conviction in cause number 11768 from the 21st District Court of

Burleson County. 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. Applicant’s remaining claims attacking the merits of the conviction

are dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

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: November 1, 2023 Do not publish