This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of possession of a controlled substance with intent to deliver and was sentenced to 10 years in prison. The appeal of this conviction was dismissed for want of prosecution. Nichols v. State, No. 06-98-00123-CR (Tex.App. - Texarkana, opinion delivered April 21, 1999).
Applicant contends that he was denied effective assistance of counsel on appeal. The record reflects that counsel took no action on the appeal. Applicant is entitled to relief.
Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from his conviction in cause number 19045 from the 354th Judicial Court of Hunt County. The proper remedy in a case such as this is to return Applicant to the point at which he can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day that the mandate of this Court issues. We hold that Applicant, should he desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is filed in the trial court within thirty days after the mandate of this Court has issued. All of Applicant's other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DO NOT PUBLISH
DELIVERED JANUARY 22, 2003.