IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM CAUSE NUMBER 6617 IN THE 31ST
JUDICIAL DISTRICT COURT OF GRAY 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of injury to a child and punishment was assessed at confinement for ten years after Applicant's community supervision was revoked. No appeal was taken from this conviction.
Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. Counsel submitted an affidavit admitting that he relied on trial counsel's statement that a notice of appeal had been filed, but discovered more than 45 days later that no written notice had been filed. The trial court entered findings of fact and conclusions of law in which it recommended that an out-of-time appeal be granted.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 6617 in the 31st Judicial District Court of Gray 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.
DELIVERED: March 1, 2006
DO NOT PUBLISH