IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
EX PARTE SABRINA BURRUS, Applicant
CAUSE NOS. 0967745D AND 0967746D IN THE 297TH DISTRICT COURT
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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of bribery and theft by a public servant and sentenced to ten (10) years' and thirty-five (35) years' imprisonment, respectively.
Applicant contends that her counsel rendered ineffective assistance because he failed to timely file notice of appeals. Appellate counsel filed an affidavit admitting that he filed untimely notices of appeal because he miscalculated the filing deadline.
The trial court has found that Applicant, through no fault of her own, was denied the right to appeal and is entitled to out-of-time appeals. We find, therefore, that Applicant is entitled to the opportunity to file out-of-time appeals of the judgments of conviction in Cause Nos. 0967745D and 0967746D from the 297th Judicial District Court of Tarrant County. Applicant is ordered returned to that time at which she may give written notices of appeal so that she 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 appeals, she must take affirmative steps to file written notices of appeal in the trial court within 30 days after the mandate of this Court issues.
Delivered: June 6, 2007
Do Not Publish