Gaspar, Ex Parte Felipe Rubio ( 2010 )


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  •             IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NOS. AP-76,313 & AP-76,314
    EX PARTE FELIPE RUBIO GASPAR, Applicant
    ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
    CAUSE NOS. 22481-A AND 22386-A
    IN THE 336 TH JUDICIAL DISTRICT COURT
    FROM FANNIN 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 these applications for writs of habeas corpus. Ex
    parte Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary
    of a habitation and aggravated assault and sentenced to fifty years’ imprisonment for the burglary
    of a habitation, and twenty years’ imprisonment for the aggravated assault. His direct appeals were
    dismissed for want of jurisdiction. Gaspar v. State, Nos. 06-08-00209-CR and 06-08-00207-CR
    (Tex. App. – Texarkana, October 22, 2008).
    2
    Applicant contends that he was denied the opportunity to appeal these convictions because
    no timely notice of appeal was filed in either case. We remanded these applications to the trial court
    for findings of fact and conclusions of law.
    The trial court has determined that Applicant was denied his right to appeal due to a
    breakdown in the legal system as a whole, and that the error is not directly attributable to either trial
    or appellate counsel. We find, therefore, that Applicant is entitled to the opportunity to file an out-
    of-time appeal of the judgments of conviction in Cause Nos. 22481-A and 22386-A from the 336th
    Judicial District Court of Fannin 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. All time limits shall be calculated as if the sentences 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: March 17, 2010
    Do Not Publish
    

Document Info

Docket Number: AP-76,314

Filed Date: 3/17/2010

Precedential Status: Precedential

Modified Date: 9/16/2015