CURL, WYLIE KAY Appeal from 82nd District Court of Falls County (other per curiam)
Annotate this Case
Download PDF
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-89,715-01 EX PARTE WYLIE KAY CURL, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10097-1 IN THE 82ND DISTRICT COURT FROM FALLS 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 continuous sexual abuse of a young child and sentenced to thirty years’ imprisonment. Applicant contends that he was denied his right to an appeal. The trial court made findings of fact and conclusions of law and recommended that we grant Applicant an out-of-time appeal. We agree and find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in cause number 10097 from the 82nd District Court of Falls County. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he 2 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 Delivered: Do not publish May 1, 2019
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.
