Jimenez, Ex Parte Andrew Paul Jr.

Court of Criminal Appeals of Texas

Jimenez, Ex Parte Andrew Paul Jr.

DecidedMarch 23, 2005

DocketAP-75,120

StatusPublished

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Jimenez, Ex Parte Andrew Paul Jr., (Tex. 2005).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,120 EX PARTE ANDREW PAUL JIMENEZ, JR., Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM RANDALL 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, V.A.C.C.P. Applicant was convicted of possession of a controlled substance and his punishment was assessed at ten years imprisonment.

Applicant contends that he was denied an opportunity to appeal his conviction because counsel failed to file a timely notice of appeal. The State concedes that Applicant is entitled to an out-of-time appeal. Therefore, Applicant is entitled to relief and Applicant is granted leave to file an out-of-time appeal from his conviction in cause number 15,832-A from the 47th Judicial District Court of Randall County. The proper remedy in a case such as this is to return Applicant to the point at which he may give written notice of appeal. He may then follow the proper procedures in order that a meaningful appeal may be filed. We hold that should Applicant desire to seek 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.

DELIVERED: March 23, 2005

DO NOT PUBLISH

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,120 EX PARTE ANDREW PAUL JIMENEZ, JR., Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM RANDALL 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, V.A.C.C.P. Applicant was convicted of possession of a controlled substance and his punishment was assessed at ten years imprisonment.

Applicant contends that he was denied an opportunity to appeal his conviction because counsel failed to file a timely notice of appeal. The State concedes that Applicant is entitled to an out-of-time appeal. Therefore, Applicant is entitled to relief and Applicant is granted leave to file an out-of-time appeal from his conviction in cause number 15,832-A from the 47th Judicial District Court of Randall County. The proper remedy in a case such as this is to return Applicant to the point at which he may give written notice of appeal. He may then follow the proper procedures in order that a meaningful appeal may be filed. We hold that should Applicant desire to seek 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.

DELIVERED: March 23, 2005

DO NOT PUBLISH

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