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 burglary of a habitation and punishment was assessed at fifty years imprisonment after Applicant was found to be a habitual offender. Appeal was dismissed because notice was untimely. Lopez v. State, No. 02-02-302-CR (Tex.App. - Fort Worth, delivered August 30, 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 trial court entered findings of fact and conclusions of law in which it found that at the conclusion of trial Applicant indicated he wanted to appeal, trial counsel requested new counsel be appointed for appeal, but new counsel was not appointed and no written notice of appeal was filed until after time expired to give notice of appeal. The court recommended that an out-of-time appeal be granted.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number F-2001-0388-B in the 158th Judicial District Court of Denton 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DO NOT PUBLISH