Joseph, Ex Parte Lester Charles

• Court: Court of Criminal Appeals of Texas
• Decided: October 8, 2003
• Docket: AP-74,773
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,773

EX PARTE LESTER CHARLES JOSEPH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CHAMBERS 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 more than 200 grams of cocaine with intent to deliver and punishment, enhanced by a prior conviction, was assessed at fifteen years imprisonment. Appeal was dismissed because notice was untimely. Joseph v. State, No. 14-02-222-CR (Tex.App. - Houston [14th] delivered May 16, 2002, no pet.).

Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. The record reflects counsel filed notice of appeal which was deemed untimely by the Court of Appeals. A hearing was conducted at which Applicant testified that he wanted to appeal and that trial counsel said he would file the appeal. The trial court responded by appointing counsel to represent Applicant on appeal.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 11416 in the 253rd Judicial District Court of Chambers 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.

DELIVERED: October 8, 2003

DO NOT PUBLISH