Opinion
No. AP-75,864
Delivered: March 12, 2008. DO NOT PUBLISH.
On Application for A Writ of Habeas Corpus Cause, No. CR-27001-A in the 159th District Court from Angelina 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 possession of a controlled substance and sentenced to one years imprisonment. Applicant contends that he has been denied his right to appeal. The trial court has determined that Applicant was denied his right to 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. CR-27001-A from the 159th Judicial District Court of Angelina 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.