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to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated sexual assault and after his community supervision was revoked punishment was assessed at eight years imprisonment. No appeal was taken from this conviction.
Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to advise him of his right to appeal after his community supervision was revoked. Counsel submitted an affidavit in which he admitted he did not advise applicant that he could appeal because he did not think there would be anything of merit in an appeal. The trial court entered findings of fact and conclusions of law in which it concluded counsel rendered ineffective assistance on appeal, 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 F95-35577-LK in the Criminal District Court No. 4 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.
DELIVERED: September 10, 2003
DO NOT PUBLISH