Uribe, Ex Parte Dominique

• Court: Court of Criminal Appeals of Texas
• Decided: May 19, 2004
• Docket: AP-74,948
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO.74,948 EX PARTE DOMINIQUE URIBE, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM NUECES COUNTY

Per Curiam.

O R D E R

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of indecency with a child and his punishment was assessed at twelve years imprisonment.

Applicant contends that he was denied an opportunity to appeal his conviction because neither defense counsel or appointed counsel timely filed a motion for extension of time to file notice of appeal. 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 2003-CR-1843-B from the 117th 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.

All other allegations are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim.

App. 1997).

DELIVERED: May 19, 2004

DO NOT PUBLISH