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 possession of methamphetamine and punishment was assessed at twenty-five years imprisonment after Applicant was found to be a habitual offender. No appeal was taken from this conviction.
Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to file written notice of appeal. An affidavit from counsel states that she gave oral notice of appeal, but failed to submit written notice after Applicant indicated he intended to hire other counsel for 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 21,769 in the 159th Judicial District Court of Angelina 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DO NOT PUBLISH