Castaneda, Ex Parte Joseph Victor ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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AP-75,736

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EX PARTE JOSEPH VICTOR CASTANEDA, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 1018885D IN THE CRIMINAL DISTRICT COURT NUMBER THREE FROM TARRANT COUNTY

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   Per curiam.

O P I N I O N  

   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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of possession of more than one gram of methamphetamine and sentenced to six years' imprisonment after his community supervision was revoked. Appeals were dismissed because notices were untimely. Castaneda v. State, Nos. 02-06-414-CR and 02-06-415-CR (Tex.App. - Fort Worth, delivered January 11, 2007, no pet.).

Applicant contends that his counsel rendered ineffective assistance because he failed to timely file notices of appeal. The trial court has determined that trial counsel failed to timely file notices of appeal. We find, therefore, that Applicant is entitled to the opportunity to file out-of-time appeals of the judgments of conviction in Cause Nos. 1019527D & 1018885D from the Criminal District Court Number Three of Tarrant County. Applicant is ordered returned to that time at which he may give written notices of appeal so that he may then, with the aid of counsel, obtain meaningful appeals. 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 any appeal, he must take affirmative steps to file a written notices of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: August 22, 2007

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