Davis, Jeffrey Nickey v. State

• Court: Court of Appeals of Texas
• Decided: February 10, 1999
• Docket: 05-95-01740-CR
• Status: Published

Opinion

FILED IN OOffOF ^ FEB 1 6 1999

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. 73,304

EX PARTE JEFFREY NICKEY DAVIS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY ___

The opinion was deliveredpercuriam.

OPINION

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, §3, et seq., V.A.C.C.P. The Applicant contends he was denied his right to appeal from his conviction for attempting to compel prostitution. The trial court entered findings of fact and conclusions of law in which it was recommended that Applicant be granted an out-of- time appeal. We agree with the recommendation in that the record reflects that Applicant was denied an appeal through no fault ofhis own. We find Applicant is entitled to relief. Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from his conviction in cause number F94-43381-N from the 195th District Court of Dallas County. The proper remedy in acase such as this is to return Applicant to the point at which he can give notice ofappeal. Forpurposes ofthe Texas Rules ofAppellate Procedure, all time limits shall becalculated

as ifthe conviction had been entered onthe day that the mandate ofthis Court issues. We hold that

Applicant, should he desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is given within thirty days after the mandate of this Court has issued.

PER CURIAM

DO NOT PUBLISH

DELIVERED: February 10,1999 CC~* USP0SIAG[ 5° FEB I !*99 cot— . j^y^rs- CCCC s 0 .2 6 I Court of Criminal gppeate $ox 12308 LISA ROMBOK Capitol Station CLERK 5TH COURT OF APPEALS Austin, (Texas 787X1 COURTHOUSE 600 COMMERCE 2ND FLOOR DALLAS TX 752 02

73,304

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