Wohlford, Samantha Nicole

• Court: Court of Criminal Appeals of Texas
• Decided: March 20, 2019
• Docket: WR-89,205-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-89,205-03

EX PARTE SAMANTHA NICOLE WOHLFORD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR19088AB IN THE 276TH DISTRICT COURT FROM TITUS 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 a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

kidnapping and sentenced to fifty years’ imprisonment.

Applicant contends that her counsel rendered ineffective assistance because he failed to

timely file a notice of appeal.

The trial court has determined that counsel failed to timely file a notice of appeal. We find

that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of

conviction in Cause No. 19,088 from the 276th District Court of Titus County. Applicant is ordered 2

returned to that time at which she may give a written notice of appeal so that she may then, with the

aid of counsel, obtain a meaningful appeal. Within ten days of the issuance of this opinion, the trial

court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be

represented by counsel, the trial court shall immediately appoint an attorney to represent Applicant

on direct appeal. All time limits shall be calculated as if the sentence had been imposed on the date

on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an

appeal, she must take affirmative steps to file a written notice of appeal in the trial court within 30

days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: March 20, 2019 Do not publish