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 in five counts of injury to a child and his punishment was assessed at four terms of ten years imprisonment and one term of forty-five years imprisonment. The appeal of this conviction was dismissed. Johnston v. State, No. 03-02-00535-CR (Tex. App. -- Austin [3rd], opinion delivered September 19, 2002).

Applicant contends that he was denied an opportunity to appeal his conviction because his attorney filed the notice of appeal after the deadline to perfect the appeal had expired. The State concedes and the trial court finds that Applicant is entitled to an out-of-time appeal. Therefore, Applicant is entitled to relief.

The proper remedy in a case such as this is to return Applicant to the point at which he may give written notice of appeal. He may then follow the proper procedures in order that a meaningful appeal may be filed. We hold that should Applicant desire to seek 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: May 21, 2003

DO NOT PUBLISH