Hill, Ex Parte Milton Heath

• Court: Court of Criminal Appeals of Texas
• Decided: May 17, 2006
• Docket: AP-75,407
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,407

EX PARTE MILTON HEATH HILL, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 20520 IN THE 336TH JUDICIAL

DISTRICT COURT FANNIN COUNTY

Per curiam.

O P I N I O N

This is an application for a writ of habeas corpus that 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 possession of a controlled substance, methamphetamine, with intent to deliver. His sentence was assessed at confinement for fifteen years. There was no direct appeal.

In this application, Applicant contends that he requested but was denied his right to a meaningful appeal. The record provided to this Court substantiates that Applicant was entitled to an appeal but that he was deprived of this right. Thus, Applicant is granted the opportunity to file an out-of-time appeal from his conviction and sentence in cause number 20520 in the 336th Judicial District Court of Fannin County, Texas.

Applicant is ordered to be returned to that point in time at which he may give written notice of appeal so that he may then, with the aid of counsel, obtain an 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 a written notice of appeal is filed with the trial court within thirty days after the mandate of this Court has issued. Applicant's remaining grounds for habeas corpus relief, if any, are dismissed.

DELIVERED: May 17, 2006

DO NOT PUBLISH