IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 74,570

 

EX PARTE SHIRLEY ADAMS, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM JEFFERSON 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 arson and sentenced to life in prison. No appeal was taken from this conviction.

Applicant contends, inter alia, that she was denied her right to a meaningful appeal for a second time, after this Court granted her an out-of-time appeal, when her counsel failed to file timely notice of appeal. The trial court entered findings of fact and conclusions of law, supported by the record, concluding that Applicant had been denied her right to appeal. Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 80589 from the Criminal District Court of Jefferson County. Applicant is ordered returned to that point in time at which she may give written notice of appeal so that she 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, she must take affirmative steps to see that written notice of appeal is given within thirty days after the mandate of this Court has issued.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).



DELIVERED: February 12, 2003

DO NOT PUBLISH