IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. W94-39576-Q(B) IN THE 204TH DISTRICT COURT
FROM DALLAS COUNTY
O P I N I O N
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 was convicted of murder and sentenced to forty-five years' imprisonment.
On February 26, 1997, this Court issued an opinion granting Applicant an out-of-time appeal, because his trial counsel failed to file a written notice of appeal on his behalf. No out-of-time appeal was ever filed. In this, his second writ, Applicant again contends that he was denied his right to appeal. We remanded this application to the trial court for findings of fact and conclusions of law.
The trial court has determined that there is no indication that Applicant was ever notified of this Court's opinion granting him an out-of-time appeal. Nor was counsel ever appointed to assist Applicant in the filing of an out-of-time appeal. We find, therefore, that Applicant is again entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Case No. W94-39576-Q(B) from the 204th Judicial District Court of Dallas County, Texas. The court shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent, and Applicant desires to be represented by counsel, the trial court will then appoint an attorney to represent him on direct appeal. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal.
All time limits shall be calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.
Delivered: August 30, 2006
Do Not Publish