Full Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-97,420-01 EX PARTE DONALD DEON CLARKE, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B-4913-21-12-W-1 IN THE 242ND DISTRICT COURT SWISHER COUNTY Per curiam. OPINION Applicant was convicted of aggravated assault with a deadly weapon and sentenced to 20 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 2 appellate counsel failed to timely file a notice of appeal.1 Based on the record, the trial court has found that appellate 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 B-4913-21-12 from the 242nd District Court of Swisher 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 Delivered: August 20, 2026 Do not publish 1 If a defendant decides to appeal his conviction, trial counsel rather than appellate counsel has the duty to ensure that written notice of appeal is filed with the trial court. Jones, 98 S.W.3d at 703. However, the record reflects that appellate counsel filed a Motion for New Trial and represented Applicant during the period a timely Notice of Appeal could have been filed.