Higgins, Ex Parte Andie M. ( 2003 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. 74,771



EX PARTE ANDIE M. HIGGINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM ROCKWALL COUNTY

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 punishment was assessed at life imprisonment. No appeal was taken from this conviction.

Applicant contends that he was denied his right to a meaningful appeal when his counsel failed to advise him that he could get appointed counsel and a free record for appeal. A hearing was conducted at which counsel admitted that he failed to advise Applicant of these facts because Applicant indicated he wanted different counsel on appeal, and counsel did tell Applicant that there was a thirty day limit on filing notice of appeal. The trial court entered findings of fact and conclusions of law in which it found Applicant is indigent and wants to appeal, and that counsel did not advise Applicant of his right to have appointed counsel and a free record for appeal, and recommended that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 2-01-315 in the 382nd Judicial District Court of Rockwall County. Applicant is ordered returned to that point in time at which he may give written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentence had been imposed on the date that the mandate of this Court issues. We hold that should Applicant desire 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: October 8, 2003

DO NOT PUBLISH