Maxwell, Ex Parte Joseph Lee

• Court: Court of Criminal Appeals of Texas
• Decided: January 26, 2005
• Docket: AP-75,078
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,078 EX PARTE JOSEPH LEE MAXWELL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 1709 IN THE 31^st JUDICIAL DISTRICT COURT

LIPSCOMB 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 aggravated robbery and punishment was assessed at five years imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Maxwell v. State, No. 07-02-0262-CR (Tex. App.Amarillo, delivered August 9, 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 trial court has entered findings of fact and conclusions of law, based upon the record, in which it concludes that counsel rendered ineffective assistance on appeal, and recommends that an out-of-time appeal be granted. We agree.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 1079 in the 31st Judicial District Court of Lipscomb 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: January 26, 2005

DO NOT PUBLISH