Applicant contends that he was denied his right to appeal and that his waiver of appeal was involuntary. The record reflects that counsel mistakenly informed applicant that he would be able to appeal the ruling on his pretrial motion to suppress despite the waiver of appeal. Applicant's waiver of appeal was based on this erroneous information. The trial court finds that there was an agreement that applicant would be able to appeal his pre-trial suppression motion. Applicant's waiver of appeal was involuntary and applicant is entitled to an out of time appeal.
Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from his conviction in cause number D-27,000 from the 358th Judicial District Court of Ector County. The proper remedy in a case such as this is to return Applicant to the point at which he can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day that the mandate of this Court issues. We hold that Applicant, should he desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is filed in the trial court within thirty days after the mandate of this Court has issued.
DO NOT PUBLISH
DELIVERED: June 4, 2003