West, D'Jaman Keshod

• Court: Court of Criminal Appeals of Texas
• Decided: January 25, 2023
• Docket: WR-94,440-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,440-01

EX PARTE D’JAMAN KESHOD WEST, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 12939-D(1) IN THE 350TH DISTRICT COURT FROM TAYLOR COUNTY

Per curiam.

OPINION

Applicant was convicted of murder and sentenced to twenty 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 due to no fault of his own. The

trial court agrees. There was a breakdown in the system where the person responsible for notifying

appellate counsel of his appointment believed that notice was to be held. The trial court knew of

Applicant’s desire to appeal and intended to timely appoint counsel, but notice of that appointment

was not sent to appellate counsel until after the time to file a notice of appeal had passed.

Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may 2

file an out-of-time appeal of his conviction in cause number 12939-D from the 350th District Court

of Taylor 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Delivered: January 25, 2023 Do not publish