Jeremy Christian Moffitt v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,135-01

EX PARTE JEREMY CHRISTIAN MOFFITT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 114-0071-21-A IN THE 114TH DISTRICT COURT
FROM SMITH COUNTY

Per curiam.

OPINION

Applicant was convicted of evading arrest or detention that caused serious bodily injury and

sentenced to twenty years’ imprisonment. He 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 he was denied the right to an appeal because appellate counsel who

was initially appointed to represent him on appeal failed to timely file a notice of appeal. Based on

the record, the trial court has found that Applicant’s right to an appeal was denied because appellate

counsel did not take timely steps to secure the notice of appeal as required. We agree that Applicant

was denied his right to appeal, but find that it was due to a breakdown in the system as opposed to
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the ineffective assistance of appellate counsel.

Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may

file an out-of-time appeal of him conviction in cause number 114-0071-21 from the 114th District

Court of Smith 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 him on direct appeal. Should Applicant

decide to appeal, he 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: February 14, 2024
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