Torrez, Arthur

• Court: Court of Criminal Appeals of Texas
• Decided: November 22, 2023
• Docket: WR-95,109-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,109-01

EX PARTE ARTHUR TORREZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-2022-CR-1436-A IN THE 364TH DISTRICT COURT FROM LUBBOCK COUNTY

Per curiam.

OPINION

Applicant was convicted of aggravated assault date/family/house with weapon and sentenced

to thirty 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 because counsel failed to timely

file a notice of appeal.

Based on the record, the date Applicant was sentenced was incorrectly reflected on the

judgment, and the motion for new trial and notice of appeal were timely filed. Applicant was denied

an appeal due to a “breakdown in the system.” Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App.

2006). 2

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

DC-2022-CR-1436 from the 364th District Court of Lubbock 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.

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Delivered: NOVEMBER 22, 2023 Do not publish