Sells, Albert Wendell

• Court: Court of Criminal Appeals of Texas
• Decided: July 31, 2024
• Docket: WR-95,781-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,781-01

EX PARTE ALBERT WENDELL SELLS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F19-33290-A IN THE CRIMINAL DISTRICT COURT FROM JEFFERSON COUNTY

Per curiam.

OPINION

Applicant was convicted of continuous sexual abuse of a young child and sentenced to forty-

three 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. The trial court has found that

Applicant has alleged facts entitling him to relief in the form of an out-of-time appeal. Based on the

record, Applicant was denied an appeal due to a “breakdown in the system.” Ex parte Riley, 193

S.W.3d 900 (Tex. Crim. App. 2006).

Relief is granted. Applicant may file an out-of-time appeal of his conviction in cause number

19-33290 from the Criminal District Court of Jefferson County. Within ten days from the date of 2

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Delivered: July 31, 2024 Do not publish