Sanchez, Ex Parte Daniel

• Court: Court of Criminal Appeals of Texas
• Decided: January 10, 2007
• Docket: AP-75,593
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,590; AP-75,591; AP-75,592; AP-75,593 EX PARTE DANIEL SANCHEZ, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 03-03-0086, 0088, 0089-CRA IN THE 218^th DISTRICT COURT

FROM ATASCOSA COUNTY

CAUSE NOS. 03-05-0153-CRA IN THE 81^st DISTRICT COURT

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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two aggravated assaults with a deadly weapon on a public servant, possession of a controlled substance with intent to deliver, and evading arrest and sentenced to sixty years, sixty years, sixty years, and fifteen years' imprisonment, respectively.

Applicant contends that his counsel rendered ineffective assistance because counsel failed to timely file notices 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 notices of appeal. We find, therefore, that Applicant is entitled to the opportunity to file out-of-time appeals of the judgments of conviction in Cause Nos. 03-03-0086, 0088, 0089-CRA from the 218^th Judicial District Court of Atascosa County, and Cause No. 03-05-0153-CRA from the 81^st Judicial District Court of Atascosa County. Applicant is ordered returned to that time at which he may give a written notices of appeal so that he may then, with the aid of counsel, obtain meaningful appeals. All time limits shall be calculated as if the sentences had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosecute any appeals, he must take affirmative steps to file written notices of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: January 10, 2007

Do Not Publish