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 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Do Not Publish

1. Anders v. California, 386 U.S. 738 (1967).