ON APPLICATION FOR A WRIT OF HABEAS CORPUS
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 sexual assault and punishment was assessed at twenty years imprisonment. No appeal was taken from this conviction.
Applicant contends, inter alia, that he was denied his right to a meaningful appeal when his retained counsel failed to advise him of his right to appeal with appointed counsel and a free record if Applicant was indigent. A hearing was conducted at which Applicant testified to these facts and his mother refuted counsel's affidavit stating that he had discussed an appeal with her. The trial court entered conclusions of law in which it concluded counsel failed to advise Applicant of his appellate rights, 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 F95-76425-HU in the 291st Judicial District Court of Dallas 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 allegations are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
DELIVERED: September 3, 2003
DO NOT PUBLISH