IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 10998-A IN THE 344TH DISTRICT COURT
FROM CHAMBERS 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 possession of more than 400 grams of cocaine with intent to deliver and sentenced to forty years' imprisonment. Appeal was dismissed because notice was untimely. Myles v. State, No. 06-01-116-CR (Tex.App. - Texarkana, delivered July 10, 2001, no pet.).
Applicant contends that his counsel rendered ineffective assistance because he failed to timely file a notice of appeal. The trial court has determined that counsel failed to timely file a notice of appeal because he construed the date the judgment was entered as the date of sentencing. 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. 10998 from the 344th Judicial District Court of Chambers 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: September 12, 2007
Do Not Publish