IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-82,627-01 & WR-82,627-02
EX PARTE STACIE ANN KENEMORE, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 66764-01-E & 66765-01-E
IN THE 108TH DISTRICT COURT FROM POTTER 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of theft and
sentenced to two years’ imprisonment in each cause.
Applicant contends that her counsel was not informed of his appointment to her appeal until
the time to file a notice of appeal had passed. The State agrees that Applicant is entitled to relief.
We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the
judgment of conviction in Cause Nos. 66764-01-E & 66765-01-E from the 108th District Court of
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Potter County. Applicant is ordered 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: January 28, 2015
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