IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 9786-A IN THE 118TH JUDICIAL DISTRICT COURT
FROM HOWARD 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 a 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 seventeen and one-half years' imprisonment.
Applicant contends that he was denied the opportunity to appeal his conviction, because neither trial counsel nor the trial court advised him of his appellate rights. Applicant also alleges that no appellate counsel was ever appointed, and that his pro se notice of appeal was dismissed as untimely. We remanded this application to the trial court for findings of fact and conclusions of law.
The trial court appointed habeas counsel for Applicant and conducted a hearing on Applicant's habeas claim. Following the hearing, the trial court has determined that Applicant was not adequately informed of his appellate rights. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 9786-A from the 118th Judicial District Court of Howard County. 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: December 19, 2007
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