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 murder and punishment was assessed at fifteen years imprisonment. No direct appeal was taken from this conviction.

Applicant contends that his appellate counsel, Joseph A. Connors, III, was ineffective for not timely filing a notice of appeal, thereby denying him an opportunity for meaningful appellate review. The record supports Applicant's allegation that due to Mr. Connor's ineffective assistance, the Applicant was deprived of his right to appeal his conviction.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 01-CR-22 from the 229 Judicial District Court of Starr County. 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.

DELIVERED: March 9, 2003

DO NOT PUBLISH