IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,704-01
EX PARTE JOAN NOIS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W13-58240-L(A) IN THE CRIMINAL DISTRICT COURT NO. 5
FROM DALLAS 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 forty years’ imprisonment. His appeal was dismissed for want of
jurisdiction. Nois v. State, No. 05-16-00132-CR (Tex. App. — Dallas, March 17, 2016) (not
designated for publication).
Applicant contends that he was denied his right to appeal because although trial counsel
advised the trial court of Applicant’s desire to appeal, appellate counsel was not appointed until the
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time for filing notice of appeal had passed.
The trial court has determined that Applicant did desire to appeal, and that he timely notified
the trial court of this desire. The trial court finds that because appellate counsel was not timely
appointed, Applicant was deprived of his right to appeal 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. W13-58240-L(A) from the Criminal District Court No. 5 of
Dallas 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: December 13, 2017
Do not publish