IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 74,905

EX PARTE JOSE JUAN RODRIGUEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM GALVESTON 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, TEX.CODE CRIM.PROC. Applicant was convicted of possession of more than 400 grams of cocaine and punishment was assessed at ten years imprisonment. Appeal was dismissed because notice was untimely. Rodriguez v. State, No. 06-01-114-CR (Tex.App. - Texarkana delivered July 10, 2001, no pet.).

Applicant contends that he was denied his right to a meaningful appeal when appellate counsel was appointed too late to file timely notice of appeal. The trial court entered findings of fact and conclusions of law in which it concluded Applicant was denied a meaningful appeal because appellate counsel was not timely appointed, and recommended that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 00CR1892 in the 56th Judicial District Court of Galveston County. This cause is returned to that point in time at which Applicant 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: March 3, 2004

DO NOT PUBLISH