Leos, Ex Parte Sammy Urbano

• Court: Court of Criminal Appeals of Texas
• Decided: November 22, 2006
• Docket: AP-75,554
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,553 & AP-75,554 EX PARTE SAMMY URBANO LEOS, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NO. 20727 IN THE 278^TH JUDICIAL DISTRICT COURT

FROM WALKER 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted two counts of aggravated assault and sentenced to twenty-five years' imprisonment.

Applicant contends that he was denied his right to appeal because counsel failed to timely file a notice of appeal. We remanded this application to the trial court for findings of fact and conclusions of law.

The trial court has determined that Applicant was denied his right to appeal because no notice of appeal was ever filed. 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. 20727 from the 278^th Judicial District Court of Walker County. Applicant is ordered returned to that time at which he may give a written notice of appeal so that he 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: November 22, 2006

Do Not Publish