Green, Ex Parte Brian Thomas ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,152

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  EX PARTE BRIAN THOMAS GREEN, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER F13,168 IN THE 115TH JUDICIAL

DISTRICT COURT MARION COUNTY

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   Per Curiam.



O P I N I O N

   This application for a writ of habeas corpus was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). On January 28, 2004, this Court denied the instant application for a writ of habeas corpus on the findings of the trial court without a hearing. Pursuant to this Court's own initiative, we have decided to reconsider Applicant's grounds for relief. Tex. R. App. Proc. 79.2(d).

On September 11, 2003, Applicant was convicted of evading arrest, a second-degree felony offense. Applicant's sentence was assessed at imprisonment for a period of eight years in addition to a fine in the amount of $5,000. Applicant did not perfect an appeal.  

In the instant application, among other things, Applicant contends that he was denied his right to a meaningful appeal because his trial counsel failed to timely file a notice of appeal.

The trial court found that Applicant is entitled to an out-of-time appeal. However, the trial court determined that Applicant was not denied the opportunity to appeal his conviction due to his trial counsel. We agree. Applicant is granted the opportunity to file an out-of-time appeal from his conviction and sentence in cause number F13,168 from the 115th Judicial District Court of Marion County, Texas. Applicant is ordered returned to that point in 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. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentence had been imposed on the date that the mandate of this Court issues. We hold that should Applicant desire to prosecute an appeal, he must take affirmative steps to see that a written notice of appeal is given within thirty days after the mandate of this Court has issued. Applicant's remaining grounds for review are dismissed.

DELIVERED: April 13, 2005

DO NOT PUBLISH