Poston, Ex Parte Patrick Randall

• Court: Court of Criminal Appeals of Texas
• Decided: February 4, 2004
• Docket: AP-74,882
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. 74,878; 74,879; 74,880; 74,881; 74,882

EX PARTE PATRICK RANDALL POSTON, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

FROM ANDERSON 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. Pro. art. 11.07. Applicant was convicted of the offenses of theft of a firearm, burglary of a building, escape, aggravated robbery, and unauthorized use of a vehicle. Punishment was assessed at, respectively, two years, two years, twenty years, forty years, and two years imprisonment. Applicant's direct appeals were dismissed for lack of jurisdiction. Poston v. State, Nos. 12-02-00368/369/370/371/372-CR (Tex. App.Tyler, delivered January 15, 2003, no pet.).

Applicant contends that he was denied his right to meaningful appeals when his counsel failed to timely file notices of appeal. The record reflects that counsel failed to timely file notices of appeal due to a miscalculation of filing dates. Applicant is entitled to relief.

Relief is granted. Applicant is entitled to out-of-time appeals in cause numbers 26125, 26126, 26128, 26129, and 26130 in the 3rd Judicial District Court of Anderson County. Applicant is ordered returned to that point in time at which he may give written notices of appeal so that he may then, with the aid of counsel, obtain meaningful appeals. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentences had been imposed on the date that the mandate of this Court issues. We hold that should Applicant desire to prosecute any appeals, he must take affirmative steps to see that written notices of appeal are given within thirty days after the mandate of this Court has issued.

DELIVERED: February 4, 2004

DO NOT PUBLISH