EX PARTE JEREMY LEONARD MAYS (other)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

NO. WR-72,154-02
EX PARTE JEREMY LEONARD MAYS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-0671504-H

IN THE CRIMINAL DISTRICT COURT NUMBER ONE

FROM DALLAS COUNTY

Per curiam. Meyers, Price, and Womack, JJ., would grant.
O R D E R

We deny relief because the record does not support the trial judge's determination that Jeremy Leonard Mays is entitled to an out-of-time appeal. (1) Relying on his personal recollection, the trial judge finds that Mays informed him that he wanted to appeal his murder conviction. The trial judge offers no details surrounding his recollection of Mays's assertion of his desire to appeal. Trial counsel, however, has filed a detailed affidavit regarding later conversations with Mays. Trial counsel explains that after the jury found Mays guilty of murder, the District Attorney's Office offered him plea deals on two pending cases. Mays agreed to accept the plea offers, and trial counsel informed Mays that he would be waiving his right to appeal those new convictions under the plea agreements. Counsel then spoke to Mays about his right to appeal the murder case, stating that even if Mays were to appeal the murder case, he would still have to serve the time under the plea-bargain cases. Counsel asked Mays whether it would be "worth it to him" to appeal the murder case, and Mays told him that he did not want to appeal. Counsel recalls that it was Mays's choice not to appeal. The trial judge's recollection, which stands in a vacuum, does not refute trial counsel's credible and detailed recollection of his representation of Mays. We therefore deny relief.

FILED: October 13, 2010

DO NOT PUBLISH

1. See Ex parte Reed, 271 S.W.3d 698, 727-28 (Tex. Crim. App. 2008).