Marcano, Ex Parte Jason Ignacio

• Court: Court of Criminal Appeals of Texas
• Decided: October 15, 2003
• Docket: AP-74,804
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,804 EX PARTE JASON IGNACIO MARCANO, APPLICANT

APPLICATION FOR WRIT OF HABEAS CORPUS

FROM TRAVIS COUNTY

Per Curium.

O P I N I O N

This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of aggravated sexual assault and punishment was assessed at twenty years.

Applicant maintains he was denied an opportunity to appeal his conviction because counsel failed to file notice of appeal. The trial court finds that applicant is entitled to an out-of-time appeal.

The proper remedy in a case such as this is to return Applicant to the point at which he may give written notice of appeal. He may then follow the proper procedures in order that a meaningful appeal may be filed. If applicant desires to seek 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 issues.

All other allegations are dismissed. See Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: October 15, 2003

DO NOT PUBLISH