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 a controlled substance and punishment was assessed at ten years imprisonment. Applicant's conviction was dismissed for want of jurisdiction. Meridyth v. State, No. 08-01-00348-CR (Tex. App.El Paso, delivered October 4, 2001, no pet.).
Applicant contends that he was denied his right to a meaningful appeal when his counsel failed, after being requested to do so, to timely file notice of appeal. The trial court has entered findings of fact and conclusions of law, supported by the record, recommending that an out-of-time appeal be granted.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number D-28,442 in the 358th Judicial District Court of Ector 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.
All other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DELIVERED: May 21, 2003
DO NOT PUBLISH