Lockridge, Ex Parte Jason Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: December 1, 2004
• Docket: AP-75,053
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,053 EX PARTE JASON LYNN LOCKRIDGE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-0030056-LW IN THE 363^RD DISTRICT COURT

DALLAS COUNTY

The opinion was delivered per curiam.

O P I N I O N

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of possession with intent to deliver methamphetamine and was sentenced to twenty-five years in prison. Applicant's direct appeal was dismissed for want of jurisdiction. Lockridge v. State, No. 05-01-01489-CR (Tex. App.-Dallas, delivered December 7, 2001, no pet.)

Applicant contends that he was denied the right to appeal. The record reflects that appellate counsel was not appointed in time to file a timely notice of appeal. Relief is granted. Applicant is entitled to an out-of-time appeal from his conviction in cause number F-0030056-LW in the 363^rd Judicial District Court of Dallas County. Applicant shall be returned to that point in time at which he may give written notice of 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 Applicant, should he desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is given within thirty days after the mandate of this Court has issued.

DELIVERED: December 1, 2004

DO NOT PUBLISH