Bradshaw, Ex Parte Donald Jefferson

• Court: Court of Criminal Appeals of Texas
• Decided: December 1, 2004
• Docket: AP-75,052
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,052 EX PARTE DONALD JEFFERSON BRADSHAW, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM GRAYSON COUNTY

UNDER CAUSE NO. 047697 IN THE 336^th DISTRICT COURT

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to tex. code crim. proc. art. 11.07. Applicant was convicted of aggravated sexual assault of a child and punishment was assessed at thirty years imprisonment. No appeal was taken from this conviction.

Applicant contends that he was denied his right to a meaningful appeal when his counsel, after being requested to do so, failed to timely file notice of appeal. The trial court has entered findings of fact and conclusions of law, based upon the record, recommending that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 047697 in the 336th Judicial District Court of Grayson 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.

DELIVERED: December 1, 2004

DO NOT PUBLISH