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 driving while intoxicated and 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, after promising to do so, his counsel failed to timely file notice of appeal. The trial court has entered findings of fact and conclusions of law, based upon the record, in which it concludes that counsel rendered ineffective assistance, and recommends that an out-of-time appeal be granted.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 8153 in the 355th Judicial District Court of Hood 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DO NOT PUBLISH