Tschoepe, Ex Parte John

• Court: Court of Criminal Appeals of Texas
• Decided: May 24, 2006
• Docket: AP-75,421
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,420; AP-75,421; AP-75,422 EX PARTE JOHN TSCHOEPE, Applicant

ON APPLICATIONS FOR WRIT OF HABEAS CORPUS IN

CAUSE NOS. 02-11-0293-CRA, 02-11-0295-CRA, 02-11-0296-CRA

IN THE 81ST DISTRICT COURT OF ATASCOSA COUNTY

Per curiam.

O P I N I O N

These are post-conviction applications for writ of habeas corpus filed pursuant to Article 11.07, § 3, TEX.CODE CRIM.PROC. Applicant was convicted of aggravated sexual assault and two counts of indecency with a child. Punishment was assessed at confinement for eighty years and for fifteen years, respectively. Appeals were dismissed because notice was untimely. Tschoepe v. State, Nos. 04-03-755-CR, 04-03-756-CR, and 04-03-757-CR (Tex.App. - San Antonio, delivered December 10, 2003, no pet.).

Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal. Counsel submitted an affidavit admitting that she did not correctly calculate the deadline for filing written notice of appeal after Applicant said he wanted to appeal. The trial court entered findings of fact and conclusions of law in which it found counsel failed to timely file notice of appeal and recommended that out-of-time appeals be granted.

Relief is granted. Applicant is entitled to out-of-time appeals in cause numbers 02-11-0293-CRA, 02-11-0295-CRA, 02-11-0296-CRA in the 81^st Judicial District Court of Atascosa County. These causes are returned to that point in time at which Applicant may give written notices of appeal so that he may then, with the aid of counsel, obtain meaningful appeals. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentence had been imposed on the date that the mandate of this Court issues. We hold that should applicant desire to prosecute appeals, he must take affirmative steps to see that written notices of appeal are given within thirty days after the mandate of this Court has issued.

DELIVERED: May 24, 2006.

DO NOT PUBLISH