Chapa, Ex Parte Osvaldo Noel ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,099

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EX PARTE OSVALDO NOEL CHAPA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM CAUSE NO. 2001CR0590 IN THE 227^TH DISTRICT COURT BEXAR 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 filed pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of aggravated sexual assault of a child and punishment was assessed at twenty years confinement and a $10,000 fine.

Applicant contends that he was denied his right to appeal when his counsel failed to timely file a motion for new trial and notice of appeal. The trial court entered findings of fact and conclusions of law in which it recommended that Applicant be granted an out-of-time appeal.

Relief is granted. Applicant is entitled to an out-of-time appeal from his conviction in cause number 2001CR0590 from the 227^th District Court of Bexar 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: February 16, 2005

DO NOT PUBLISH