This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, V.A.C.C.P. Ex Parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). Applicant was convicted of possession of a controlled substance and punishment was assessed at seven years imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Johnston v. State, No. 11-01-00401-CR (Tex. App.- Eastland, delivered January 17, 2002, no pet.).
Applicant contends that his appellate counsel was ineffective for not timely filing a notice of appeal, thereby denying him an opportunity for meaningful appellate review. Appellate counsel submitted an affidavit indicating that he failed to file a timely notice of appeal due to an oversight. Thus, since Applicant's claim is supported by the record, he has shown that an out-of-time appeal is warranted.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 9115 from the 29th Judicial District Court of Palo Pinto County, Texas. Applicant is ordered returned to that point in time at which he may give written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentence had been imposed on the date that the mandate of this Court issues. We hold that should applicant desire to prosecute an appeal, he must take affirmative steps to see that written notice of appeal is given within thirty days after the mandate of this Court has issued.
DELIVERED: January 22, 2003
DO NOT PUBLISH