BLUNTSON, DEMOND DEPREE Appeal from 49th District Court of Webb County (other per curiam)
Annotate this Case
Download PDF
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-86,566-02 EX PARTE DEMOND DEPREE BLUNTSON, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2012CRO000674-D1(A) IN THE 49th DISTRICT COURT FROM WEBB 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 aggravated assault against a public servant in counts three and four and he was sentenced to fifty years’ imprisonment in each count.1 Applicant contends that he was deprived of his meaningful right to a direct appeal through no fault of his own. 1 In this cause, Applicant was also convicted of capital murder and received a death sentence in counts one and two. This application does not concern these counts. 2 Based on the trial court’s findings of fact and the record before us in this case, we find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 2012CRO000674-D1 from the 49th District Court of Webb County as it pertains to counts three and four. 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. Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: February 14, 2018 Do not publish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.
