Sanders, Ex Parte Reginald Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: June 9, 2010
• Docket: AP-76,360
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. AP-76,360

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EX PARTE REGINALD WAYNE SANDERS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 09F0363-202 IN THE 202ND DISTRICT COURT

FROM BOWIE COUNTY

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           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 aggravated robbery and sentenced to fifty years’ imprisonment.

            Applicant contends that he was denied his right to appeal because appellate counsel did not receive timely notice of his appointment. The trial court made findings of fact and recommended that we grant Applicant an out-of-time 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. 09F0363-202 from the 202nd Judicial 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.

Delivered: June 9, 2010

Do Not Publish