Neriz, Ex Parte Joseph ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,088

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EX PARTE JOSEPH NERIZ, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS FROM EL PASO COUNTY

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   Per Curiam.

O P I N I O N

   This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated sexual assault and his punishment was assessed at ten years imprisonment.

Applicant contends that he was denied an opportunity to appeal his conviction because the trial court and counsel failed to adequately assure that he be allowed to pursue his appeal. The trial court finds that Applicant is entitled to an out-of-time appeal. Therefore, Applicant is entitled to relief and Applicant is granted leave to file an out-of-time appeal from his conviction in cause number 20020D00544-346 from the 346th Judicial District Court of El Paso County. 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 9, 2005

DO NOT PUBLISH