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 murder and punishment was assessed at ninety nine years imprisonment. Applicant's direct appeal was dismissed for want of jurisdiction. Goodwin v. State, No. 06-02-00140-CR (Tex. App.Texarkana, delivered August 9, 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. The record reflects that, after Applicant expressed his desire to appeal this conviction, counsel failed to timely file notice of appeal. Applicant is entitled to relief.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 01-F-466-102 in the 102nd Judicial District Court of Bowie 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 9, 2003
DO NOT PUBLISH