This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, V.A.C.C.P. Ex Parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). Applicant was convicted of indecency with a child and punishment was assessed at twenty years imprisonment. No direct appeal was taken.
Applicant contends that he was deprived of his right to pursue a direct appeal. The trial court agrees with Applicant and recommends that the Applicant be given an out-of-time appeal because defense counsel failed to assist his client in preserving his right to a direct appeal. We agree.
Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 114-1692-01from the 114th District Court of Smith County, Texas. 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, including mandate, 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DO NOT PUBLISH