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Ex Parte Scotty Murl Casselman, Applicant

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ORDER

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant entered an open plea of guilty to possession of a controlled substance, and was sentenced to forty years’ imprisonment.

Applicant contends, inter alia, that his counsel rendered ineffective assistance because counsel failed to advise Applicant of the means of and time line for filing a notice of appeal. Counsel apparently advised Applicant that he would need the trial court’s permission to appeal, and that the trial court would be unlikely to grant such permission. However, the record indicates that Applicant filed an open plea of guilty, and therefore retained his right to appeal matters relating to his sentencing. The record does not contain a written waiver of appeal, or anything else to show that Applicant affirmatively waived his appellate rights.

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