Munoz, Ex Parte Alonzo Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2005
• Docket: AP-75,232
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,232

EX PARTE ALONZO MUNOZ, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 92-01-02983-CR IN THE79TH JUDICIAL

DISTRICT COURT BROOKS COUNTY

Per Curiam.

O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3 of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of delivery of cocaine and his punishment was assessed at forty-five years imprisonment. In an unpublished opinion, the Fourth Court of Appeals dismissed Applicant's appeal for want of jurisdiction because his notice of appeal was untimely filed. Munoz v. State, No. 04-00-00182-CR (Tex. App. - San Antonio , no pet.).

In the instant application, Applicant contends that he was denied his right to appeal due to his attorney's failure to timely file his notice of appeal.

After an evidentiary hearing, the trial court has found that Applicant was denied his right to a meaningful appeal due to the ineffective assistance of his counsel. As such, the court has recommended that Applicant be granted the opportunity to file an out-of-time appeal. We agree. Applicant is granted the opportunity to file an out-of-time appeal from his conviction and sentence in cause number 92-01-02983-CR from the 79th Judicial District Court of Brooks County, Texas. Applicant is ordered returned to that point in time at which he may give a 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 a written notice of appeal is given within thirty days after the mandate of this Court has issued.

DELIVERED: August 31, 2005

DO NOT PUBLISH