IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 74,687

 

EX PARTE KENDALL GLEN DENNIS, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM CHEROKEE COUNTY

Per Curiam.

 
O P I N I O N



This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant entered a plea of guilty to the felony offense of burglary of a habitation. Punishment was assessed at twenty years confinement. No direct appeal was taken.

Applicant contends that he was denied his right to appeal his conviction. The record supports Applicant's contentions. Accordingly, Applicant is entitled to relief.

Applicant is granted an out-of-time appeal in cause number 13352 of the 2nd Judicial District Court of Cherokee, 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 should 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 filed in the trial court within thirty days after the mandate of this Court has issued.

 

DELIVERED: June 11, 2003

DO NOT PUBLISH