## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-89,807-01

EX P ARTE BRONSO N WILLIAMS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 13-17383-A IN THE CRIMINA L DIST RICT COURT

F ROM JEF F ERSON COUNTY

Per curiam . Y E A R Y , J., fi led a dis senting opi nion . O P I N I O N Pursuant to the provision s o f Ar t i cle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant plea d ed guilty to ag g ravated robber y in exchang e for defe rre d adjudication community supervision. On April 2, 2018, Applicant

was a djudicated guilty

and sente nced to f

ifty year s’ imprisonment. Applicant contends that his adjudication counsel rende red ineffe ctive assistance beca use he failed to timely file a notice of appea l. Adjudication counsel has subm itted an affidavit i n which he st ates that he provided Applica nt with a copy

of the Trial Court’s Certification Of Defenda nt’s Right Of Appea l and told him that notice of appea l must be filed within 30 day s of the date o f2

sentenc ing, April 2, 2018. Adjudication counsel states that Applicant nev er ad v i s ed him that he want ed to appea l, and st ates that he had no further communication wit h Applicant unti l rec eipt of this writ of habea s corpus. Adjudication counsel does not state that he asked Applicant whether he wanted to appea l, or that he advised Applicant how to file no t i ce o f ap p eal or how to seek appointment of appe llate counse l. On May 16, 2018, more than thirty day s from the date of sentenc ing and outside the time for reque sting an extension of time for filing the notice of appea l, Applicant filed a pro se notice of ap peal with the trial court. The trial court signe d the Trial Court’s Certification Of Def endant ’s Right Of Appea l on J une 13, 2018. On August 29, 2018 the Ninth Court o f Ap p eals dismiss ed Applicant’s a

ppeal f or wa nt of jurisdiction beca

use of the untimely

filed notice of

appea l. The trial court finds adjudication counsel’s aff idavit to be cre dible, but finds that counsel’s limit ed consultation with Applicant reg arding his right to appea l and the appellate deadlines did not satisfy counsel’s duty to assist Applicant in making an informed decision of whether to exercise that right. See Jones v. State , 98 S.W .3d 700, 703 (Tex. Crim. App. 2003). T h e t ri al court notes that adjudication counsel di d n o t fi l e a motion to withdraw from the repr esentation, and finds that Applicant’s belated filing of the pro se notice of appea l indica tes that he did in f

act want to a

ppeal from the adjudication. The trial court has deter mined that Applicant was denied his right to appea l afte r adjudication through no f ault of his own. W e fi nd that Applicant is entitled to the opportunity to file an out-of-time appea l of the judgme nt of c o nv ic ti o n in Ca u s e N o . 1 3

- 1 7 383 from the Criminal District Court of J eff erson County

. Applicant is order ed returne d to that time at which he may g ive a written notice of appea l so that he may then, with the aid of c ounsel, obtain a meaningf ul appea l. Wit hin ten day s of the issuanc e of3

this opinion, the trial court shall deter mine whether Applicant is indig ent. I f Applicant is indig ent and wi s h es to be repr esente d by counsel, the trial court shall immediately appoint an attorney to repr esent Applicant on direc t appea l. All time limit s shall be calc ulated as if the sentenc e had been imposed on the date on which the mandate of this Court issu es . We hold that, should Applicant desire to prosec ute an appea l, he must take aff irmative steps to file a written notice of appea l in the trial court within 30 day s after the mandate of this Court issues. Copies of this opinion shall be sent to the Te xa s D epar tment of Criminal J ustice-Corr ectional Institut ions Division and Pardons and Paroles Division.

Deliver ed: J une 26, 2019 Do not publish