Opinion
No. AP-75,575.
December 13, 2006. DO NOT PUBLISH.
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 5409-1 IN THE 119th DISTRICT COURT FROM RUNNELS COUNTY.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of sexual assault and sentenced to four years' imprisonment. Applicant contends that he was deprived of his meaningful right to a direct appeal through no fault of his own, and he requests that an out-of-time appeal be granted. The trial court has determined that, due to an error in communications, the Applicant was deprived of his meaningful right to a direct appeal. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 5409-1 from the 119th Judicial District Court of Runnels County. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. All time limits shall be calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.