Opinion
No. AP-75,075
January 26, 2005.
On Application for a writ of Habeas Corpus Cause Number 30841-B In the 124th District Court, Gregg County.
OPINION
This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of aggravated sexual assault, and punishment was assessed at life imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Williamson v. State, No. 06-04-00105-CR (Tex.App.-Texarkana 2004, no pet.). Applicant contends that he was denied his right to appeal. The record indicates that appellate counsel was not informed of his March 23, 2004, appointment until August 2, 2004. Therefore, because Applicant was deprived of his right to pursue an appeal through no fault of his own, Applicant is entitled to an out-of-time appeal. Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from his conviction in cause number 30841-B from the 124th District Court of Gregg County. The proper remedy in a case such as this is to return Applicant to the point at which he can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day that the mandate of this Court issues. We hold that Applicant, should he desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is given within thirty days after the mandate of this Court has issued.