IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,405-01
EX PARTE RAMIRO CASTILLO-RAMIREZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 16-CR-271-A IN THE 381ST DISTRICT COURT
FROM STARR 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 sexual
assault and sentenced to ten years’ imprisonment.
Applicant contends that he was denied his right to appeal because notice of appeal was not
timely filed. The habeas record indicates that Applicant was sentenced on August 24, 2017. On
December 13, 2017, trial counsel was given permission to withdraw from the representation, and
appellate counsel was appointed to represent Applicant. However, there is no indication that a
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motion for new trial or notice of appeal was timely filed. The record suggests that Applicant
indicated a desire to appeal his conviction, but that he was denied his right to do so through no fault
of his own. See Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the
judgment of conviction in Cause No. 16-CR-271-A from the 381st District Court of Starr 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. It appears that Applicant is
represented by appellate counsel, who filed this application on his behalf. However, if Applicant
is not currently represented by appellate counsel, 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 23, 2018
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