Villarreal, Ex Parte Juan

• Court: Court of Criminal Appeals of Texas
• Decided: February 18, 2004
• Docket: AP-74,897
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,897 EX PARTE JUAN VILLARREAL, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM HIDALGO COUNTY

Per Curiam.

O P I N I O N

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 sixty years in prison.

Applicant contends that he was denied his opportunity to appeal based on the trial court's failure to appoint counsel after this Court originally granted an out-of-time appeal. The trial court finds that Applicant is entitled to an out-of-time appeal. Therefore, Applicant is entitled to relief.

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: February 18, 2004

DO NOT PUBLISH