Jean Prysock v. The State of Texas--Appeal from 52nd District Court of Coryell County

Annotate this Case
Prysock v. State /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-90-205-CR

 

JEAN PRYSOCK,

Appellant

v.

 

THE STATE OF TEXAS,

Appellee

 

From the 52nd District Court

Coryell County, Texas

Trial Court # 12,077

 

OPINION REMANDING PRYSOCK'S

NOTICE TO FILE OUT OF TIME APPEAL

 

In 1991, we affirmed Jean Prysock's conviction for aggravated assault on a correctional officer. Prysock v. State, 817 S.W.2d 784 (Tex. App. Waco 1991, pet. ref'd). On October 2, 1996, she filed a "Notice to File Out of Time Appeal" in the trial court. That court's clerk forwarded the notice to us in an official transcript. After reviewing the document we conclude that it should be returned to the trial court for consideration as an application for a writ of habeas corpus. Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 1997); Ex parte Graham, 853 S.W.2d 565, 571 (Tex. Crim. App. 1993). We specifically note that we are not attempting to express an opinion on the adequacy of the document as a pleading or upon the merits of the "application."

PER CURIAM

 

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

(Justice Cummings not participating)

Motion remanded

Opinion delivered and filed November 6, 1996

Do not publish