This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated sexual assault of a child and sentenced to twenty years in prison. No appeal was taken from this conviction.
Applicant contends that he was denied his right to appeal because counsel did not file notice of appeal after applicant timely requested that his conviction be appealed. The trial court finds that applicant's allegation is true and recommends that relief be granted. 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 01-F-0468-202 from the 202nd Judicial District Court of Bowie 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DO NOT PUBLISH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: September 10, 2003