Cantu, Ex Parte Andres

• Court: Court of Criminal Appeals of Texas
• Decided: November 1, 2006
• Docket: AP-75,535
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,535 EX PARTE ANDRES CANTU, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2004-407,805-A IN THE 364th DISTRICT COURT

FROM LUBBOCK 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 eighteen years years' imprisonment.

Applicant contends that he was denied his right to appeal. We remanded this application to the trial court for findings of fact and conclusions of law.

The trial court has determined that, after his appointment, appellate counsel had insufficient time to file, and due to an act of God could not have filed, a notice of appeal in a timely manner. 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. 2004-407,805-A from the 364th Judicial District Court of Lubbock 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 1, 2006

Do Not Publish