IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. AP-75,694; AP-75,695; AP-75,696; AP-75-697; AP-75,698; AP-75,699
EX PARTE GREGORY WAYNE BRISCOE, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. C-1-008100-0949251-A, C-1-008099-0929835-A,
C-1-008104-0943753-A, C-1-008103-0943752-A, C-1-008102-0943751-A, &
C-1-008101-0943681-A IN THE CRIMINAL DISTRICT COURT NO. 1
FROM TARRANT 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant entered open pleas of guilty to one charge of aggravated robbery, one charge of evading arrest or detention, and four charges of robbery, and was sentenced to life for each of the robbery and aggravated robbery convictions, and two years' imprisonment for the evading arrest or detention conviction.
Applicant contends, inter alia, that he was denied the right to appeal these convictions, because the trial court incorrectly certified that these were plea bargain cases, and that Applicant had no right to appeal. The trial court has determined that the certifications were incorrect, and that Applicant's pre-sentencing waiver of appeal was not effective because there were no agreed sentences. Ex parte Delaney, 207 S.W.3d 794 (Tex. Crim. App. 2006).
We find, therefore, that Applicant is entitled to the opportunity to file out-of-time appeals of
the judgments of conviction in Cause Nos. C-1-008100-0949251-A, C-1-008099-0929835-A, C-1-008104-0943753-A, C-1-008103-0943752-A, C-1-008102-0943751-A, & C-1-008101-0943681-A from the Criminal District Court No. 1 of Tarrant County. Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997). Applicant is ordered returned to that time at which he may give written notices of appeal so that he may then, with the aid of counsel, obtain meaningful appeals. All time limits shall be calculated as if the sentences 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: June 13, 2007
Do Not Publish