CourtListener 10782764•Curl, Victoria
Full text
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,678-02
EX PARTE VICTORIA CURL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 24DCR89167-B IN THE 27TH DISTRICT COURT
BELL COUNTY
Per curiam.
OPINION
Applicant pled guilty (open) to four counts of possession of a controlled
substance and sentenced to fifteen years’ imprisonment. She filed this application
for a writ of habeas corpus in the county of conviction, and the district clerk
forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that she was denied her right to an appeal because
2
counsel failed to timely file a notice of appeal. Based on the record, the trial court
has found that counsel failed to timely file a notice of appeal.
Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988);
Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-
of-time appeal of her conviction in cause number 24DCR89167 from the 27th
District Court of Bell County. Within ten days from the date of this Court’s
mandate, the trial court shall determine whether Applicant is indigent. If
Applicant is indigent and wants to be represented by counsel, the trial court shall
appoint counsel to represent her on direct appeal. Should Applicant decide to
appeal, she must file a written notice of appeal in the trial court within thirty days
from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal
Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
Delivered: January 29, 2026
Do not publish
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.