Sauceda, Ex Parte Joseph Emilio

• Court: Court of Criminal Appeals of Texas
• Decided: February 11, 2004
• Docket: AP-74,895
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,895 EX PARTE JOSEPH E. SAUCEDA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM HARRIS 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 Article 11.07 of the Texas Code of Criminal Procedure. Applicant was convicted of possession of a controlled substance and sentenced to seven years in prison. No appeal was taken from this conviction.

Applicant contends that he was denied his right to appeal for a second time, when he failed to timely receive notice of this Court's prior opinion granting him an out-of-time appeal. The trial court recommends granting relief.

Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from his conviction in cause number 0864732 from the 351st Judicial District Court of Harris 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 filed in the trial court within thirty days after the mandate of this Court has issued.

DO NOT PUBLISH

DELIVERED: February 11, 2004