Johnson, Ex Parte Ronald D.

• Court: Court of Criminal Appeals of Texas
• Decided: December 10, 2003
• Docket: AP-74,843
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,843 EX PARTE RONALD D. JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM HARRIS 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 with intent to deliver cocaine and punishment was assessed at twenty-five years imprisonment. Applicant's appeal was dismissed. Johnson v. State, 84 S.W.3d 658 (Tex. Crim. App. 2002).

Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file a notice of appeal in compliance with Tex. R. App. P. 25.2(b)(3). The trial court has entered findings of fact and conclusions of law, based upon the record, in which it concludes that Applicant has been deprived of his meaningful right to appeal, and recommends that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 0778983 in the 180th Judicial District Court of Harris County. Applicant is ordered 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 a meaningful 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 written notice of appeal is given within thirty days after the mandate of this Court has issued.

All other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: December 10, 2003

DO NOT PUBLISH