Johnson, Ex Parte Mary Alvis ( 2003 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. 74,766

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EX PARTE MARY ALVIS JOHNSON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM BOWIE 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 forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of murder and sentenced to life in prison. The appeal of this conviction was dismissed because notice of appeal was not timely filed. Johnson v. State, No. 06-02-00147-CR (Tex.App. - Texarkana, opinion delivered August 26, 2002).

Applicant contends that she was denied her right to appeal. The record reflects that, despite applicant's request, counsel failed to file timely notice of appeal. The trial court recommends that relief be granted. We agree.

Habeas corpus relief is granted and Applicant is granted an out-of-time appeal from her conviction in cause number 01-F-152-102 from the 102nd District Court of Bowie County. The proper remedy in a case such as this is to return Applicant to the point at which she can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day that the mandate of this Court issues. We hold that Applicant, should she desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is filed in the trial court within thirty days after the mandate of this Court has issued.   

DO NOT PUBLISH

DELIVERED: October 1, 2003