Sweatt, Ex Parte Larry

• Court: Court of Criminal Appeals of Texas
• Decided: May 19, 2004
• Docket: AP-74,949
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,949 EX PARTE LARRY SWEATT, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM NUECES COUNTY

Per Curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, V.A.C.C.P. Ex Parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a habitation and punishment was assessed at seven years in prison.

Applicant contends that he was denied his opportunity to appeal by the trial court. The State concedes, and the trial court finds, that Applicant is entitled to an out-of-time appeal. Therefore, Applicant is entitled to relief and Applicant is granted leave to file an out-of-time appeal from his conviction in cause number 2002-CR-1415-A from the 28th Judicial District Court of Nueces County.

The proper remedy in a case such as this is to return Applicant to the point at which he may give written notice of appeal. He may then follow the proper procedures in order that a meaningful appeal may be filed. We hold that should Applicant desire to seek to prosecute an appeal, he must take affirmative steps to see that written notice of appeal is given within thirty days after the mandate of this Court has issued.

DELIVERED: May 19, 2004

DO NOT PUBLISH