Full Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-97,858-01 EX PARTE WILLIAM HOWARD MORGAN, JR, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. BADC-CRDP-XX-XXXXXXX IN THE 198TH DISTRICT COURT BANDERA COUNTY Per curiam. OPINION Applicant was convicted of possession of less than one gram of a controlled substance in penalty group 1/1-B in a drug-free zone. He was sentenced to ten years’ imprisonment. He filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07. Applicant contends that he was denied his right to an appeal because counsel 2 failed to timely file a notice of appeal. Based on the record, the trial court has found that counsel failed to timely file a notice of appeal. Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out- of-time appeal of his conviction in cause number BADC-CRDP-XX-XXXXXXX from the 198th District Court of Bandera County. Within ten days from the date of this Court’s mandate, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him on direct appeal. Should Applicant decide to appeal, he must file a written notice of appeal in the trial court within thirty days from the date of this Court’s mandate. Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional Institutions Division and the Board of Pardons and Paroles. Delivered: October 8, 2026 Do not publish