Hurts, Akeem Jamar

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,188-01

EX PARTE AKEEM JAMAR HURTS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2020-0757-A IN THE 217TH DISTRICT COURT
ANGELINA COUNTY

Per curiam.

OPINION

Applicant was convicted of evading arrest or detention with a vehicle and

sentenced to 7 years’ imprisonment. The Twelfth Court of Appeals dismissed his

appeal for want of jurisdiction. Hurts v. State, No. 12-23-00247-CR (Tex.

App.—Tyler, Oct. 31, 2023). 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.
2

Applicant contends that he was denied his right to an appeal because the district

clerk would not accept his notice of appeal for filing until a written judgment had been

filed. Based on the record, the trial court has found and concluded that neither

Applicant nor trial counsel voluntarily or negligently failed to file a timely notice of

appeal in this case, and equity requires providing Applicant with an out-of-time

appeal.

Relief is granted. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2006).

Applicant may file an out-of-time appeal of his conviction in cause number 2020-0757

from the 217th District Court of Angelina 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: January 15, 2026
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