IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NOS. 74,736; 74,737

 

EX PARTE ARMANDO PERALES, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM HARRIS COUNTY

Per Curiam.

O P I N I O N



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 two counts of aggravated assault, and punishment was assessed at ten years imprisonment for each cause. Applicant's direct appeal was dismissed for want of jurisdiction. Perales v. State, Nos. 01-02-00539-CR and 01-02-00540-CR (Tex. App.- Houston [1st Dist], delivered June 20, 2002, no pet.).

Applicant contends that he was denied his right to a meaningful appeal. The record reflects that Applicant expressed a desire to appeal, but his appellate rights were not preserved. Relief is granted. Applicant is entitled to an out-of-time appeal in cause numbers 851341 and 851342 in the 176th Judicial District Court of Harris 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: September 3, 2003

DO NOT PUBLISH