Figueroa, Ex Parte Juan Andino ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,504

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EX PARTE JUAN ANDINO FIGUEROA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 56905 IN THE 27TH DISTRICT COURT FROM BELL 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of more than four grams of cocaine with intent to deliver and was sentenced to ninety-nine years' imprisonment.

Applicant contends that his trial counsel rendered ineffective assistance because he failed to timely file a notice of appeal. Based on trial counsel's affidavit the trial court has determined that counsel failed to timely file a notice of appeal. We find, therefore, that applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Case No. 56905 from the 27^th Judicial District Court of Bell County, Texas. 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: September 20, 2006

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