IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,721-01
EX PARTE ZACKERY TERRELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 67366-A IN THE 149TH DISTRICT COURT
FROM BRAZORIA 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). A jury convicted Applicant of possession of
cocaine. The trial court found the indictment’s habitual-felon enhancement true and assessed a fifty-
year sentence.
Applicant contends that he was denied his right to appeal the conviction and sentence through
no fault of his own. See Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988). The trial court
conducted a hearing and appointed habeas counsel. Trial counsel was given notice of the hearing but
did not appear. The State also indicates that it attempted to contact trial counsel three times by
telephone and left messages but that he never returned the calls. The trial judge notes that the trial
-2-
docket sheet indicates that Applicant expressed a desire to appeal after sentencing but that trial
counsel never filed a notice of appeal and never withdrew as counsel for Applicant. With the State’s
agreement, the trial court recommends granting a late appeal. The recommendation is supported by
the habeas record forwarded to this Court.
Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of
conviction in Cause No. 67366 from the 149th District Court of Brazoria County. Applicant is
ordered returned to that time at which he may give a written notice of appeal so that he 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, he 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: August 20, 2014
Do not publish