Reed, Ex Parte Donald Columbus

Court of Criminal Appeals of Texas

Reed, Ex Parte Donald Columbus

DecidedJune 27, 2007

DocketAP-75,717

StatusPublished

This text of Reed, Ex Parte Donald Columbus (Reed, Ex Parte Donald Columbus) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,717 EX PARTE DONALD COLUMBUS REED, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 05F0189-102-B IN THE 102^ND DISTRICT COURT

FROM BOWIE COUNTY

Per curiam.

O P I N I O N

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 theft over $20,000 and punishment, enhanced by a prior conviction, was assessed at fifty years' imprisonment. Appeal was dismissed because notice was untimely. Reed v. State, No. 06-07-003-CR (Tex.App. - Texarkana, delivered January 31, 2007, no pet.).

Applicant contends that his counsel rendered ineffective assistance because he failed to file a notice of appeal. The trial court has determined that trial counsel failed to file a notice of appeal when he withdrew as Applicant's counsel, and new counsel was not appointed in time to file a timely notice of 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. 05F0189-102-B in the 102^nd District Court of Bowie 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.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: June 27, 2007

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,717 EX PARTE DONALD COLUMBUS REED, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 05F0189-102-B IN THE 102^ND DISTRICT COURT

FROM BOWIE COUNTY

Per curiam.

O P I N I O N

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 theft over $20,000 and punishment, enhanced by a prior conviction, was assessed at fifty years' imprisonment. Appeal was dismissed because notice was untimely. Reed v. State, No. 06-07-003-CR (Tex.App. - Texarkana, delivered January 31, 2007, no pet.).

Applicant contends that his counsel rendered ineffective assistance because he failed to file a notice of appeal. The trial court has determined that trial counsel failed to file a notice of appeal when he withdrew as Applicant's counsel, and new counsel was not appointed in time to file a timely notice of 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. 05F0189-102-B in the 102^nd District Court of Bowie 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.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: June 27, 2007

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