Vanhook, Ex Parte Thomas Louis

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2012
• Docket: AP-76,714
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,714

EX PARTE THOMAS LOUIS VANHOOK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10,743 IN THE JUDICIAL DISTRICT COURT 1-A FROM JASPER COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of failure to register

as a sex offender and sentenced to forty years’ imprisonment.

Applicant contends that his counsel rendered ineffective assistance because he failed to

timely file a notice of appeal. We remanded this application to the trial court for findings of fact and

conclusions of law.

The trial court has determined that trial counsel did not timely file a notice of appeal. We 2

find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of

conviction in Cause No. 10,743 from the Judicial District Court 1-A of Jasper County. Applicant

is ordered returned to that time at which he may give a written notice of appeal so that he may then,

with the aid of counsel, obtain a meaningful appeal. Within ten days of the issuance of this opinion,

the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to

be represented by counsel, the trial court shall immediately appoint an attorney to represent

Applicant on direct appeal. All time limits shall be calculated as if the sentence had been imposed

on the date on which the mandate of this Court issues. We hold that, should Applicant desire to

prosecute an appeal, he must take affirmative steps to file a written notice of appeal in the trial court

within 30 days after the mandate of this Court issues.

Delivered: January 11, 2012 Do Not Publish