Phillips, Ex Parte William Charles

• Court: Court of Criminal Appeals of Texas
• Decided: February 24, 2010
• Docket: AP-76,290
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,290

EX PARTE WILLIAM C. PHILLIPS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 04-2700 IN THE 106 TH DISTRICT COURT FROM LYNN COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession with

the intent to deliver methamphetamine and sentenced to thirty-five years’ imprisonment.

Applicant contends that his counsel rendered ineffective assistance because he failed to

timely file a notice of appeal. We remanded this application to the trial court for findings of fact and

conclusions of law.

The trial court has determined that trial counsel failed to timely file a notice of appeal. We 2

find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the

judgment of conviction in Cause No. 04-2700 from the 106th Judicial District Court of Lynn County.

Applicant is ordered returned to that 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. All time limits shall be calculated

as if the sentence had been imposed on the date on which the mandate of this Court issues. We hold

that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file a written

notice of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: February 24, 2010 Do Not Publish