Bordages, Ex Parte Stephen Paul

• Court: Court of Criminal Appeals of Texas
• Decided: January 10, 2007
• Docket: AP-75,587
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,587 EX PARTE STEPHEN PAUL BORDAGES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 04-07-05428-CR(2) IN THE 359TH JUDICIAL DISTRICT COURT

FROM MONTGOMERY 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 burglary of a habitation and indecency with a child (exposure) and sentenced to seven years' imprisonment for burglary and two years' imprisonment for indecency.

Applicant contends that he was denied the right to a direct appeal because his counsel filed a notice of appeal two days past the deadline and the Montgomery County District Clerk did not forward the notice of appeal to the court of appeals in a timely manner so that counsel could have filed a motion for extension of time.

The trial court has determined that trial counsel failed to timely file a notice of appeal. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 04-07-05428-CR from the 359th Judicial District Court of Montgomery County. 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: January 10, 2007

Do Not Publish