Court of Criminal Appeals of Texas, 2011

Shepperd, Ex Parte Lester Charles

Shepperd, Ex Parte Lester Charles
Court of Criminal Appeals of Texas · Decided April 6, 2011

Shepperd, Ex Parte Lester Charles

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,527

EX PARTE LESTER CHARLES SHEPHERD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F06-89087-RQ IN THE 204th DISTRICT COURT FROM DALLAS 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 sexual assault of a child younger than fourteen years and sentenced to fifteen years’ imprisonment.

Applicant’s conviction was affirmed on appeal. Shepherd v. State, No. 05-07-01138-CR (Tex. App.–Dallas, delivered December 23, 2008, no pet.).

Appellate counsel filed an Anders brief on direct appeal.1 The Applicant alleges that he was Anders v. California, 386 U.S. 738 (1967). deprived of his right to file a pro se brief because counsel never sent him a copy of the trial record as instructed.

The trial court has determined, based upon the record, that Applicant never received a copy of the trial record in this case to enable him to file a pro se brief. We find, therefore, that Applicant is entitled to the opportunity to file a pro se brief in the appeal of the judgment of conviction in Cause No. F06-89087-RQ from the 204th Judicial District Court of Dallas County. The trial court shall provide Applicant a copy of the trial record and any filing deadlines shall run from the date Applicant receives that record.

Applicant’s remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim.

App. 1997).

Delivered: April 6, 2011 Do Not Publish

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