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 aggravated assault and punishment was assessed at 16 years in prison. No appeal was taken from this conviction.
Applicant contends that he was denied effective assistance of counsel because counsel did not investigate his insanity defense and because counsel failed to file notice of appeal. The record reflects that applicant requested that counsel appeal and paid counsel to do so, but 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 980d03340 from the 384th District Court of El Paso County. The proper remedy in a case such as this is to return Applicant to the point at which he can file a motion for new trial or 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 do so, must take affirmative steps to see that a motion for new trial or a notice of appeal is filed in the trial court within thirty days after the mandate of this Court has issued. Applicant's other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DO NOT PUBLISH
DELIVERED: February 5, 2003