Ex Parte Salinas - Out of Time Appeal Granted
Summary
The Texas Court of Criminal Appeals granted Joe Salinas an out-of-time appeal after finding he was denied his right to pursue direct appeal due to a clerical error removing his appointed counsel. Salinas was convicted of failure to register as a sex offender and sentenced to eighteen years' imprisonment. The trial court must determine indigence within ten days of the mandate and appoint counsel if applicable. Salinas has thirty days from the mandate to file a notice of appeal.
What changed
The Texas Court of Criminal Appeals granted habeas corpus relief to applicant Joe Salinas, who was convicted of failure to register as a sex offender and sentenced to 18 years imprisonment. The Court found that applicant was denied his right to pursue a direct appeal through no fault of his own when a clerical error removed his appointed appellate counsel. The Court ordered that applicant may file an out-of-time appeal and provided specific procedural timelines: the trial court must determine indigence within ten days of the mandate, and if applicant is indigent and desires representation, counsel shall be appointed. Applicant must file a written notice of appeal within thirty days of the mandate.\n\nAffected parties: Criminal defendants in Texas who may have been denied their right to appeal due to procedural or clerical errors now have precedent supporting out-of-time appeal requests. Trial courts must ensure continuous representation during critical filing periods to avoid similar habeas corpus findings.
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Apr 19, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 16, 2026 Get Citation Alerts Download PDF Add Note
Salinas, Joe
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,495-01
- Nature of Suit: 11.07 HC
Disposition: Out of Time Appeal Granted
Disposition
Out of Time Appeal Granted
Lead Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,495-01
EX PARTE JOE SALINAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DC-2025-CR-2477-A IN THE 140TH DISTRICT
COURT
LUBBOCK COUNTY
Per curiam.
OPINION
Applicant was convicted of failure to register as a sex offender and sentenced
to eighteen 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 a
clerical error removed his appointed appellate counsel and he was left without
2
representation during the period for filing a notice of appeal. Based on the record,
the trial court has found that Applicant was denied his right to pursue a direct
appeal through no fault of his own.
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
Applicant may file an out-of-time appeal of his conviction in cause number DC-
2025-CR-2477 from the 140th District Court of Lubbock 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: April 16, 2026
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