IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 1005001 IN THE 262nd DISTRICT COURT
FROM HARRIS 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 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 seventy-five years' imprisonment. He did not appeal his conviction.
Applicant contends that he was denied his right to appeal because his trial counsel failed to either withdraw or file a notice of appeal on Applicant's behalf. The trial court has recommended granting relief.
We find, therefore, that applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Case No. 1005001 from the 262nd Judicial District Court of Harris 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 an 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: May 9, 2007
Do Not Publish