MORELOS, GILBERT REYES AKA MORELOS, GILBERT Appeal from 50th District Court of Knox County (other per curiam)
Annotate this Case
Download PDF
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,635-01 EX PARTE GILBERT REYES MORELOS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 3962-A IN THE 50TH DISTRICT COURT FROM KNOX COUNTY Per curiam. OPINION Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of intoxication manslaughter and sentenced to ten years’ imprisonment. Applicant’s direct appeal was dismissed for want of jurisdiction. Morelos v. State, No. 11-15-00076-CR (Tex. App.—Eastland Apr. 23, 2015) (not designated for publication). Applicant requests an out-of-time appeal. The trial court finds that Applicant was denied a meaningful appeal through no fault of his 2 own. Appellate counsel was appointed after the time for filing a timely notice of appeal had already passed. See Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). The trial court’s findings are supported by the record. Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 3962 from the 50th District Court of Knox County. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. Within ten days of the issuance of this opinion, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall immediately appoint an attorney to represent Applicant on direct appeal. All time limits shall be calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court within 30 days after the mandate of this Court issues. Applicant’s remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App.1997). Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: August 23, 2017 Do not publish
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
