Opinion
No. 74,733
Delivered: September 3, 2003. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus from Dallas County.
ORDER
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 assault and his punishment was assessed at three years imprisonment. Applicant contends that he was denied an opportunity to appeal his conviction because his attorney erroneously advised him to dismiss his appeal because he believed that this was the only way for the trial court to consider the issue of shock probation. The trial court finds that Applicant is entitled to an out-of-time appeal. Therefore, Applicant is entitled to relief. The proper remedy in a case such as this is to return Applicant to the point at which he may give written notice of appeal. He may then follow the proper procedures in order that a meaningful appeal may be filed. We hold that should Applicant desire to seek 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. All other allegations are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).