Jones, Ex Parte Andrew Charles

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2006
• Docket: AP-75,350
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,349 & AP-75,350

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EX PARTE ANDREW CHARLES JONES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NUMBERS 32,312-A-H-1 AND 32,314-A-H-1

IN THE 188^TH JUDICIAL DISTRICT COURT OF GREGG COUNTY

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Per curiam.

O P I N I O N

These are post-conviction applications for writ of habeas corpus filed pursuant to Tex. Crim. Proc. Code Ann., art. 11.07, § 3. Applicant was convicted of delivery of a controlled substance in each cause and punishment was respectively assessed at confinement for fifty years and life.

Applicant contends that he was denied his right to a meaningful appeal in both cases. The State has stipulated in its answer that these applications should be granted and applicant should be permitted to file an out-of-time appeal in each case. The trial court entered an order finding that applicant wished to appeal in both cases, that applicant should not be penalized for the failure to perfect appeal, and recommended that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause numbers 32,312-A-H-1 and 32,314-A-H-1 in the 188th Judicial District Court of Gregg County. These causes are returned to that point in time at which applicant 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 sentences 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.

DELIVERED: March 1, 2006

DO NOT PUBLISH