Summary
granting out of time appeal to appellant, whose appeal was dismissed for want of jurisdiction due to motion for extension filed in trial court rather than appellate court
Summary of this case from Walton v. StateOpinion
NO. WR-89,084-01
10-31-2018
EX PARTE CLAUDIO CASTRO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W17-75758-H(A) IN CRIMINAL DISTRICT COURT NO. 1 FROM DALLAS 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 failure to register as a sex offender and sentenced to seven years' imprisonment. His appeal was dismissed. Castro v. State, No. 05-17-01326-CR (Tex. App.—Dallas Dec. 28, 2017) (not designated for publication).
Applicant contends that he was denied his right to appeal. The trial court made findings of fact and conclusions of law and recommended that we grant Applicant an out-of-time appeal. We agree. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App. 2006). We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in cause number F-1775758-H from Criminal District Court No. 1 of Dallas 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. 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, 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.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: October 31, 2018 Do not publish