Opinion
No. AP-76,321
Delivered: March 24, 2010. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. 08693-D in the 350th Judicial District Court from Taylor 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 entered an open plea of guilty to aggravated sexual assault of a child, and was sentenced to forty years' imprisonment. Applicant contend, inter alia, that his appellate counsel rendered ineffective assistance because he timely filed a motion for new trial, but subsequently failed to timely file a notice of appeal. We remanded this application to the trial court for findings of fact and conclusions of law. The trial court has determined that appellate 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 Cause No. 08693-D from the 350th Judicial District Court of Taylor 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.