Ascencio, Ex Parte Antonio Jose

• Court: Court of Criminal Appeals of Texas
• Decided: November 8, 2006
• Docket: AP-75,537
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,537 EX PARTE ANTONIO JOSE ASCENCIO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 02-5942-A IN THE 106^TH DISTRICT COURT

FROM DAWSON COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of assault on a public servant and sentenced to twenty years' imprisonment.

Applicant contends that his appellate counsel rendered ineffective assistance because he failed to file a brief with the court of appeals and to notify Applicant that he was withdrawing as appellate counsel. We remanded this application to the trial court for findings of fact and conclusions of law.

The trial court has determined that appellate counsel was ineffective and that counsel's deficient performance prejudiced Applicant. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of his conviction in Case No. 02-5942-A from the 106^th Judicial District Court of Dawson County, Texas. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. All time limits shall be calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: November 8, 2006

Do Not Publish