Esparza, Ex Parte Juan Melecio

• Court: Court of Criminal Appeals of Texas
• Decided: August 20, 2008
• Docket: AP-75,972
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. AP-75,972

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EX PARTE JUAN MELECIO ESPARZA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-2005-2101-C IN THE 211^TH DISTRICT COURT

FROM DENTON COUNTY

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           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 murder and sentenced to seventy-five years’ imprisonment.

            Applicant contends that he was denied his right to appeal because his trial attorney failed to timely file a notice of appeal and the trial court did not appoint him appellate counsel until after the deadline for filing a notice of appeal had passed.

            The trial court has determined notice of appeal was never filed on Applicant’s behalf. 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. F-2005-2101-C from the 211^th Judicial District Court of Denton 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: August 20, 2008

Do Not Publish