Gafford, Ex Parte Justin Heath ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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AP-75,650

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EX PARTE JUSTIN HEATH GAFFORD, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 517881A IN THE 8TH DISTRICT COURT FROM HOPKINS 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to life imprisonment.

Applicant contends that his counsel rendered ineffective assistance because he failed to file a notice of appeal. We remanded this application to the trial court for findings of fact and conclusions of law. The trial court has determined that trial counsel failed to file a notice of appeal when he withdrew as Applicant's counsel. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 517881 from the 8th Judicial District Court of Hopkins County. 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: April 4, 2007

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