Tucker, Ex Parte Kendrick Larobert

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2005
• Docket: AP-75,223
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,223 EX PARTE KENDRICK LAROBERT TUCKER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F03-55133 IN THE 195TH JUDICIAL DISTRICT COURT

OF DALLAS 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 Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of the felony offense of aggravated robbery, and punishment was assessed at confinement for twenty years. Applicant's direct appeal was dismissed for want of jurisdiction. Tucker v. State, No. 05-04-00732-CR (Tex. App. -- Dallas, delivered June 9, 2004, no pet.)

Applicant contends, inter alia, that he was denied his right to appeal. The trial court entered findings of fact and conclusions of law recommending that Applicant be granted an out-of-time appeal. We agree.

Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from his conviction in cause number F03-55133 from the 195th District Court of Dallas 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 given within thirty days after the mandate of this Court has issued.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DO NOT PUBLISH

DELIVERED: August 31, 2005