IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-73,022-02
EX PARTE DEWAYLON T. WILLIAMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 987446-A IN THE 339TH DISTRICT COURT
FROM HARRIS 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
robbery and sentenced to twenty years’ imprisonment.
Applicant contends that his counsel rendered ineffective assistance because he failed to
secure his right to appeal. The trial court made findings that Applicant should be granted an out-of-
time appeal. Ex parte Axel, 757 S.W.2d 369, 374 (Tex. Crim. App. 1988).
The trial court has determined that counsel failed to timely file a notice of appeal or secure
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Applicant’s right 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. 987446 from the 339th District Court of
Harris 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: May 20, 2015
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