McKinney, Keith Jamaal

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,779-01

EX PARTE KEITH JAMAAL MCKINNEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2020-02-6328-A IN THE 24TH DISTRICT COURT
FROM REFUGIO COUNTY

Per curiam.

OPINION

Applicant was convicted of possession of a controlled substance and sentenced to forty-four

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 appointed counsel failed

to timely file a notice of appeal. Based on the record, the trial court has found that Applicant is

entitled to an out-of-time appeal because counsel was not notified Applicant had been apprehended

and sentenced.

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

file an out-of-time appeal of his conviction in cause number 2020-02-6328 from the 24th District
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Court of Refugio 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: May 17, 2023
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