Mayfield, Ex Parte Jerry Dean

• Court: Court of Criminal Appeals of Texas
• Decided: May 10, 2006
• Docket: AP-75,396
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,396 EX PARTE JERRY DEAN MAYFIELD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 33,049-B IN THE 124^TH DISTRICT COURT

GREGG COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant was convicted of the felony offense of evading arrest, and punishment was assessed at twenty years' confinement. No direct appeal was taken.

Applicant contends that he was denied his right to appeal. Specifically, he contends that counsel was not informed of his appointment until after the date for perfecting appeal had expired. In its answer, the State stipulated that counsel was not timely informed of his appointment. After reviewing the record and the State's answer, the trial court entered an order recommending that Applicant be granted an out-of-time appeal. We agree. Counsel was not timely informed of his appointment.

Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from his conviction in cause number 33049-B from the 124^th District Court of Gregg County. The proper remedy in a case such as this is to return Applicant to the point at which he can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day 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.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DO NOT PUBLISH

DELIVERED: MAY 10, 2006