Mieth, Ex Parte Michael Edwin

• Court: Court of Criminal Appeals of Texas
• Decided: March 2, 2005
• Docket: AP-75,102
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,102 EX PARTE MICHAEL EDWIN MIETH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. F-99-1000-C IN THE 211^th JUDICIAL DISTRICT COURT

DENTON 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 tex. code crim. proc. art 11.07. Applicant was convicted of driving while intoxicated and punishment was assessed at twenty-five years imprisonment. Applicant's appeal was dismissed for want of jurisdiction. Mieth v. State, No. 02-03-333-CR (Tex. App.Fort Worth, delivered September 25, 2003, no pet.).

Applicant contends that he was denied his right to a meaningful appeal when he was not allowed to consult with his counsel about his desire to appeal, and was denied writing materials with which he could have filed notice of appeal pro se. The trial court has entered findings of fact and conclusions of law, supported by the record, in which it concludes that Applicant is entitled to an out-of-time appeal.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number F-99-1000-C in the 211th Judicial District Court of Denton 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: March 2, 2005

DO NOT PUBLISH