Gonzales, Ex Parte Esteban Valdez

Court of Criminal Appeals of Texas

Gonzales, Ex Parte Esteban Valdez

DecidedMarch 8, 2006

DocketAP-75,357

StatusPublished

This text of Gonzales, Ex Parte Esteban Valdez (Gonzales, Ex Parte Esteban Valdez) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,357 EX PARTE ESTEBAN VALDEZ GONZALES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NUMBER 9417920-A IN THE 183^RD

JUDICIAL DISTRICT COURT OF HARRIS COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, Tex.Code Crim.Proc. Applicant was convicted of murder and punishment was assessed at confinement for sixty years. An appeal was never perfected because notice of appeal was filed over nine months after the due date.

Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. Appellate counsel filed a motion for new trial in 1999 wherein he alleged he did not file a notice of appeal because he believed it had already been filed. The trial court entered findings of fact and conclusions of law in which it found Applicant had timely expressed a desire to appeal in open court, appellate counsel stated in open court he would file a notice of appeal but failed to do so, and counsel failed to timely file notice of appeal. The trial court recommended that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 9417920 in the 183^rd Judicial District Court of Harris County. This cause is returned to that point in time at which Applicant 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.

Applicant's remaining ground is dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: March 8, 2006

DO NOT PUBLISH

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,357 EX PARTE ESTEBAN VALDEZ GONZALES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NUMBER 9417920-A IN THE 183^RD

JUDICIAL DISTRICT COURT OF HARRIS COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, Tex.Code Crim.Proc. Applicant was convicted of murder and punishment was assessed at confinement for sixty years. An appeal was never perfected because notice of appeal was filed over nine months after the due date.

Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. Appellate counsel filed a motion for new trial in 1999 wherein he alleged he did not file a notice of appeal because he believed it had already been filed. The trial court entered findings of fact and conclusions of law in which it found Applicant had timely expressed a desire to appeal in open court, appellate counsel stated in open court he would file a notice of appeal but failed to do so, and counsel failed to timely file notice of appeal. The trial court recommended that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 9417920 in the 183^rd Judicial District Court of Harris County. This cause is returned to that point in time at which Applicant 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.

Applicant's remaining ground is dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: March 8, 2006

DO NOT PUBLISH

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