This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of engaging in organized criminal activity and punishment was assessed at thirty-three years imprisonment. Appeal was dismissed because notice was untimely. Trevino v. State, No. 03-99-519-CR (Tex.App. - Austin delivered September 16, 1999, no pet.). This Court granted Applicant an out-of-time appeal, Ex parte Trevino, No. 74,015, delivered January 31, 2001, but that appeal was also dismissed because the notice again was not timely filed. Trevino v. State, No. 03-01-436-CR (Tex.App. - Austin delivered August 30, 2001, no pet.).
Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. The trial court entered findings of fact and conclusions of law in which it concluded counsel again rendered ineffective assistance on appeal, and recommended that another out-of-time appeal be granted.
Relief is granted. Applicant is entitled to another out-of-time appeal in cause number 984451 in the 299th Judicial District Court of Travis County. 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DO NOT PUBLISH