Greer, Ex Parte Sidney Eugene

• Court: Court of Criminal Appeals of Texas
• Decided: June 9, 2004
• Docket: AP-74,957
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,957 EX PARTE SIDNEY EUGENE GREER, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM MONTGOMERY COUNTY

Per Curiam.

OPINION

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3 of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated manufacture of a controlled substance. Applicant was sentenced to twenty-five confinement received a fine in the amount of $1,000. No appeal was perfected.

Applicant contends that he was deprived of his right to appeal because appellate counsel failed to timely file a notice of appeal.

The trial court has found that applicant is entitled to relief. We agree. Applicant is entitled to an out-of-time appeal in cause number 01-09-06007-CR from the 284th Judicial District Court of Montgomery County, Texas. Applicant is ordered returned to that point in 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. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentences 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 a written notice of appeal is given within thirty days after the mandate of this Court has issued.

DELIVERED: June 9, 2004

DO NOT PUBLISH