Brown, Ex Parte Clinton

• Court: Court of Criminal Appeals of Texas
• Decided: April 4, 2007
• Docket: AP-75,651
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,651 EX PARTE GORDON BROWN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 114-1130-00 IN THE 114th DISTRICT COURT

FROM SMITH 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 aggravated robbery and sentenced to thirty years' imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Brown v. State, No. 12-01-00029-CR (Tex. App.-Tyler, March 28, 2001, no pet.).

Applicant contends, inter alia, that he was deprived of his right to a direct appeal in this cause.

The record reflects that Applicant was deprived of his right to a direct appeal through no fault of his own. 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. 114-1130-00 from the 114-1130-00 Judicial District Court of Smith 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.

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

Delivered: April 4, 2007

Do Not Publish