IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM CAUSE NUMBER 9417920-A IN THE 183RD
JUDICIAL DISTRICT COURT OF HARRIS COUNTY
O P I N I O N
This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, Tex.Code Crim.Proc. Applicant was convicted of murder and punishment was assessed at confinement for sixty years. An appeal was never perfected because notice of appeal was filed over nine months after the due date.
Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. Appellate counsel filed a motion for new trial in 1999 wherein he alleged he did not file a notice of appeal because he believed it had already been filed. The trial court entered findings of fact and conclusions of law in which it found Applicant had timely expressed a desire to appeal in open court, appellate counsel stated in open court he would file a notice of appeal but failed to do so, and counsel failed to timely file notice of appeal. The trial court recommended that an out-of-time appeal be granted.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 9417920 in the 183rd Judicial District Court of Harris County. This cause is returned to that point in time at which Applicant may give written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentence had been imposed on the date that the mandate of this Court issues. We hold that should applicant desire to prosecute an appeal, he must take affirmative steps to see that written notice of appeal is given within thirty days after the mandate of this Court has issued.
Applicant's remaining ground is dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DELIVERED: March 8, 2006
DO NOT PUBLISH