Harrod, Ex Parte Rickey Glenn A/K/A Ricky Glen Harrod

• Court: Court of Criminal Appeals of Texas
• Decided: March 9, 2005
• Docket: AP-75,103
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,103 EX PARTE RICKEY GLENN HARROD aka

RICKY GLEN HARROD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 219-80037-03 IN THE 219^TH DISTRICT COURT

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FROM COLLIN COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court in accord with Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. A jury convicted Applicant of murder and assessed punishment at confinement for 12 years. No direct appeal was taken.

Applicant contends he was denied his right to appeal. The trial court has filed findings of fact and conclusions of law recommending Applicant be granted an out-of-time appeal. The trial court found that after Applicant's trial counsel timely filed a motion for new trial, the trial court granted his motion to withdraw and appointed appellate counsel. However, the trial court clerk failed to notify appellate counsel of the appointment. By the time appellate counsel learned of the appointment, it was too late to file notice of appeal. Accordingly, Applicant was denied his right to appeal.

Habeas corpus relief is granted and Applicant is given an out-of-time appeal from his conviction in cause number 219-80037-03 from the 219th District Court of Collin County. The proper remedy in a case such as this is to return Applicant to the point at which he can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day that the mandate of this 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.

DO NOT PUBLISH

DELIVERED MARCH 9, 2005