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 murder and punishment was assessed at thirty-five years imprisonment. Applicant's appeal was dismissed. King v. State, No. 04-93-00733-CR (Tex. App.-San Antonio, delivered April 5, 1994, no pet.).

Applicant contends, inter alia, that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. The trial court has entered findings of fact and conclusions of law, based upon the record, in which it concludes that counsel rendered ineffective assistance, and recommends that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 1993-CR-3641 in the 175th Judicial District Court of Bexar 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.

All other claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: September 10, 2003

DO NOT PUBLISH