Robinson, Ex Parte Gary Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: April 27, 2005
• Docket: AP-75,155
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,155 EX PARTE GARY LYNN ROBINSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NUMBER 14,710-96 IN THE 402ND JUDICIAL DISTRICT COURT

WOOD COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of aggravated assault, and punishment was assessed at confinement for twenty years. No direct appeal was taken.

Applicant contends, inter alia, that he was denied his right to appeal. The trial court entered findings of fact and conclusions of law indicating that the Applicant filed a request for appointed counsel to pursue an appeal in a timely manner, but that request was improperly denied as untimely filed. Because the Applicant was improperly deprived of his opportunity to pursue an appeal, the Applicant is entitled to an out-of-time appeal.

Habeas corpus relief is granted. Applicant is granted an out-of-time appeal from his conviction in cause number 14,710-96 from the 402nd District Court of Wood County. The proper remedy in a case such as this is to return Applicant to the point at which he can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day that the mandate of this Court issues. We hold that Applicant, should he desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is given within thirty days after the mandate of this Court has issued.

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

DO NOT PUBLISH

DELIVERED: April 27, 2005