Perry, Ex Parte Elizabeth Ann

• Court: Court of Criminal Appeals of Texas
• Decided: February 8, 2006
• Docket: AP-75,337
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,337 EX PARTE ELIZABETH ANN PERRY, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NUMBER D-40426-R IN THE 260TH

JUDICIAL DISTRICT COURT OF ORANGE 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, § 3, TEX.CODE CRIM.PROC. Applicant was convicted of theft over $1500 and punishment was assessed at confinement for four years after Applicant was found to be a habitual offender. Appeal was dismissed because notice was untimely. Perry v. State, No. 09-05-029-CR (Tex.App. - Beaumont, delivered April 27, 2005, no pet.).

Applicant contends that she was denied his right to a meaningful appeal. The trial court entered findings of fact that the notice of appeal was filed late through no fault of Applicant and that she wanted to appeal. The trial court recommended that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number D-40426-R in the 260th Judicial District Court of Orange County. This cause is returned to that point in time at which Applicant may give written notice of appeal so that she 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, she 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: February 8, 2006

DO NOT PUBLISH