Porter, Ex Parte Willie Earl

• Court: Court of Criminal Appeals of Texas
• Decided: March 12, 2008
• Docket: AP-75,864
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,864

EX PARTE WILLIE EARL PORTER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR-27001-A IN THE 159TH DISTRICT COURT FROM ANGELINA 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 of a

controlled substance and sentenced to one years imprisonment.

Applicant contends that he has been denied his right to appeal.

The trial court has determined that Applicant was denied his right to appeal. We find,

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

of conviction in Cause No. CR-27001-A from the 159th Judicial District Court of Angelina 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Delivered: March 12, 2008 Do Not Publish