Johnson, Ex Parte Joe Isaac

• Court: Court of Criminal Appeals of Texas
• Decided: August 22, 2007
• Docket: AP-75,733
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP-75,733 EX PARTE JOE ISAAC JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 18,819-A IN THE 258TH DISTRICT COURT

FROM POLK COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of organized criminal activity and two counts of theft. Applicant was sentenced to thirty-five years' imprisonment after he was found to be a habitual offender.

Applicant contends that counsel rendered ineffective assistance because he failed to file a notice of appeal. Counsel submitted an affidavit, and the trial court has determined that trial counsel failed to file a notice of appeal after being informed that Applicant wanted to appeal. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 18,819 from the 258^th Judicial District Court of Polk County. Applicant is ordered returned to that time at which may give a written notice of appeal so that may then, with the aid of counsel, obtain a meaningful appeal. All time limits shall be calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: August 22, 2007

Do Not Publish