Alexander, Ex Parte Sharon Marie ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,516

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EX PARTE SHARON MARIE ALEXANDER, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W04-01564-L(A) IN CRIMINAL DISTRICT COURT NO. 5 FROM DALLAS 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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was charged with possession of a controlled substance and placed on deferred adjudication probation. She was later adjudicated guilty and sentenced to five years' imprisonment.

Applicant contends that she was denied her right to appeal her punishment after she was adjudicated guilty. We agree and therefore find that Applicant is entitled to the opportunity to file an out-of-time appeal of her punishment in Cause No. F04-01564-JL from Criminal District Court No. 5 of Dallas County, Texas. Applicant is ordered returned to that time at which she may give a written notice of appeal so that she 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, she 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: September 27, 2006

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