Edwards, John Douglas ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-66,841-02
EX PARTE JOHN D. EDWARDS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 13-02-01583-CR(1) IN THE 221ST DISTRICT COURT
FROM MONTGOMERY 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 theft from a non-
profit organization and sentenced to fifty-two years’ imprisonment. The Thirteenth Court of Appeals
dismissed his appeal for want of jurisdiction. Edwards v. State, No. 13-14-00375-CR (Tex.
App.—Corpus Christi–Edinburg Sep. 25, 2014)(not designated for publication).
Applicant contends that he was denied his right to appeal because counsel failed to timely
file a notice of appeal.
2
The trial court has determined that notice of appeal was not timely filed. We find that
Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction
in Cause No. 13-02-01583-CR from the 221st District Court of Montgomery County. Applicant is
ordered returned to that time at which may give a written notice of appeal so that may then, with the
aid of counsel, obtain a meaningful appeal. Within ten days of the issuance of this opinion, the trial
court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be
represented by counsel, the trial court shall immediately appoint an attorney to represent Applicant
on direct 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, 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.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: May 20, 2015
Do not publish