RUNNELS v. STATE

No. 09-90-213 CR.

804 S.W.2d 278 (1991)

John Wayne RUNNELS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

January 31, 1991.


Attorney(s) appearing for the Case

Jeff Harmon, Conroe, for appellant.

Peter Speers, III, Dist. Atty., Kathleen Hamilton, Asst. Dist. Atty., Conroe, for State.


ORDER

PER CURIAM.

Appellant was convicted of the offense of murder and sentenced to forty years imprisonment on September 29, 1989. No notice of appeal was filed. On May 29, 1990, Appellant filed a Motion For Out of Time Appeal in the trial court. The motion alleged that Appellant had informed his trial counsel that he wished to appeal, but that counsel had failed to perfect appeal. The trial court treated the motion as a petition for the writ of habeas...

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