IN THE COURT OF CRIMINAL APPEALS
OF TEXAS




NO. 74,548

 

EX PARTE JOSEPH DANIEL LAVENDER, JR., Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM COMANCHE COUNTY

Per Curiam.

O P I N I O N





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 robbery, and punishment was assessed at forty years imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Lavender v. State, No. 11-01-00388-CR (Tex. App. Eastland, delivered May 23, 2002, no pet.).

Applicant contends, inter alia, that he was denied his right to a meaningful appeal. The trial court entered findings of fact and conclusions of law, supported by the record, recommending that an out-of-time appeal be granted. Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 01-01-02265-CCCR in the 220th Judicial District Court of Comanche 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.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: January 29, 2003

DO NOT PUBLISH