Opinion
No. AP-75,472
Delivered: July 26, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 841554AR in the 213th District Court, from Tarrant 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of manufacture of a controlled substance and sentenced to thirty (30) years' imprisonment. Applicant contends that his trial counsel rendered ineffective assistance because he failed to timely file a notice of appeal. The trial court has made findings of fact and conclusions of law. The trial court has determined that trial counsel failed to timely file a notice of appeal. We find, therefore, that applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Case No. 841554AR from the 213th Judicial District Court of Tarrant County, Texas. 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 thirty (30) days after the mandate of this Court issues.