Opinion
No. AP-75,372
Delivered: April 5, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, from Cause Number F-2003-1696-E in the 367th, Judicial District Court of Denton County.
OPINION
This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, TEX. CODE CRIM.PROC. Applicant was convicted of three counts of theft and punishment was assessed at confinement in a state jail for two years after her community supervision was revoked . There was no appeal from these convictions. Applicant contends that she was denied her right to a meaningful appeal when her requests for appointment of appellate counsel were repeatedly ignored. The trial court entered findings of fact and conclusions of law in which it found Applicant desired to appeal her community supervision revocation and pursued the appointment of an attorney for the appeal, and recommended that an out-of-time appeal be granted. Relief is granted. Applicant is entitled to an out-of-time appeal in cause number F-2003-1696-E in the 267th Judicial District Court of Denton County. This cause is returned to that point in time at which Applicant may give written notice of appeal so that she may then, with the aid of counsel, obtain a meaningful appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits 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, she must take affirmative steps to see that written notice of appeal is given within thirty days after the mandate of this Court has issued.