Wagner, Ex Parte Marlon A. ( 2010 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. AP-76,287
    EX PARTE MARLON A. WAGNER, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 23650-A IN THE 3rd DISTRICT COURT
    FROM ANDERSON 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 aggravated
    robbery and sentenced to thirty-five 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 failed to timely file a notice of appeal. We
    2
    find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the
    judgment of conviction in Cause No. 23650-A from the 3rd Judicial District Court of Anderson
    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 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: February 10, 2010
    Do Not Publish
    

Document Info

Docket Number: AP-76,287

Filed Date: 2/10/2010

Precedential Status: Precedential

Modified Date: 9/16/2015