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 indecency with a child and punishment, enhanced by a prior conviction, was assessed at life imprisonment. Appeal was dismissed because notice was untimely. Bulgier v. State, No. 02-02-238-CR (Tex.App. - Fort Worth delivered August 15, 2002, no pet.).
Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. Counsel submitted an affidavit in which he admitted he filed the notice late and the motion for extension of time he filed with it was never received by the Court of Appeals, which then dismissed the appeal. The trial court entered findings of fact and conclusions of law in which it concluded counsel rendered ineffective assistance on appeal, and recommended that an out-of-time appeal be granted.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 7886 in the 35th Judicial District Court of Hood 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: April 2, 2003
DO NOT PUBLISH