Summary
In Ex parte Gordan, 92 Cal. 478 [28 P. 489, 27 Am.St.Rep. 154], the trial court issued an order requiring that Gordan "be and appear in person" in court on a certain day and show cause why he should not be adjudged in contempt of court for failing and refusing to comply with an order for the payment of a certain sum for the support of his minor child.
Summary of this case from Morelli v. Superior Court (Charles Berry)Opinion
No. AP-75,651
Delivered: April 4, 2007. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 114-1130-00 In the 114th District Court from Smith 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 aggravated robbery and sentenced to thirty years' imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Brown v. State, No. 12-01-00029-CR (Tex.App.-Tyler, March 28, 2001, no pet.). Applicant contends, inter alia, that he was deprived of his right to a direct appeal in this cause. The record reflects that Applicant was deprived of his right to a direct appeal through no fault of his own. 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. 114-1130-00 from the 114-1130-00 Judicial District Court of Smith 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. All other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).