Opinion
No. 74,742
Delivered: September 10, 2003. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus from Jefferson County.
OPINION
This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, V.A.C.C.P. Ex Parte Young, 418 S.W.2d 824 (Tex.Crim.App. 1967). Applicant was convicted of felony driving while intoxicated and punishment, enhanced by one prior felony conviction, was assessed at twelve years imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Spradling v. State, No. 09-03-00055-CR (Tex.App.-Beaumont, delivered March 27, 2003, no pet.). Applicant contends that he was deprived of his right to pursue a meaningful appeal. The trial court agrees with Applicant and recommends that the Applicant be given an out-of-time appeal because Applicant's notice of appeal was not processed in a timely manner. We agree. Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 86032 from the 252nd District Court of Jefferson County, Texas. Applicant is ordered returned to that point in time at which he may give written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits, including mandate, 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, 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.