Lewis, Ex Parte Damon Earl

• Court: Court of Criminal Appeals of Texas
• Decided: December 17, 2003
• Docket: AP-74,849
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. 74,846, 74,847, 74,848, 74,849

EX PARTE DAMON EARL LEWIS, Applicant

ON APPLICATIONS FOR WRIT OF HABEAS CORPUS

FROM HOPKINS COUNTY

Per Curiam.

O P I N I O N

These are post-conviction applications for writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of four aggravated sexual assaults and two indecencies with a child. Punishment was assessed at ninety-nine years and twenty years imprisonment, respectively. Appeals were dismissed because notice was untimely. Lewis v. State, Nos. 06-03-130-CR through 06-03-133-CR (Tex.App. - Texarkana delivered August 14, 2003, no pet.).

Counsel contends that Applicant was denied his right to a meaningful appeal when Applicant's appellate counsel failed to timely file notice of appeal. The trial court has recommended that out-of-time appeals be granted.

Relief is granted. Applicant is entitled to out-of-time appeals in cause numbers 216853 through 216856 in the 8th Judicial District Court of Hopkins County. These causes are returned to that point in time at which Applicant may give written notices of appeal so that he may then, with the aid of counsel, obtain meaningful appeals. 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 any appeals, 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: December 17, 2003

DO NOT PUBLISH