Kendrick, Eric Robert

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,333-01

EX PARTE ERIC ROBERT KENDRICK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-22-28447-A IN
THE 336TH JUDICIAL DISTRICT COURT
FANNIN COUNTY

Per curiam.

OPINION

Applicant was convicted of indecency with a child and sentenced to fifteen

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 his right to an appeal because counsel

failed to timely file a notice of appeal. Based on the record, the trial court has
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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 his conviction in cause number CR-22-28847 from the 336th

Judicial District Court of Fannin 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 26, 2026
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