IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 74,646

 

EX PARTE STEVEN LYNN RICHEY, Applicant
 


ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM GREGG COUNTY
 Per Curiam.

 
O P I N I O N



This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of possession of a controlled substance, and punishment was assessed at thirty years imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Richey v. State, No. 12-02-00242-CR (Tex. App.Tyler, September 18, 2002, no pet.).

Applicant contends that he was denied his right to a meaningful appeal. The trial court entered findings of fact and conclusions of law, supported by the record, finding that Applicant had expressed his desire to appeal, an attorney was appointed to appeal, but the notice of appeal was filed untimely. Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 28,976-A in the 188th Judicial District Court of Gregg 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 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: April 30, 2003

DO NOT PUBLISH