EX PARTE BARKER, 74,633 (Tex.Cr.App. 2003)

EX PARTE JOSEPH MICHAEL BARKER, Applicant.

Nos. 74,633, 74,634, 74,635.Court of Criminal Appeals of Texas.
April 16, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Application for a Writ of Habeas Corpus from Wood County.

OPINION
PER CURIAM

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 two counts of aggravated sexual assault and of burglary of a building and punishment was assessed at two terms of 40 years and one term of 20 years in prison. No appeals were taken from these convictions.

Applicant contends that he was denied the right to appeal. The record reflects that applicant desired to appeal and communicated that desire to counsel. Counsel was appointed for the purpose of appeal, but failed to timely perfect appeals. Applicant is entitled to relief.

Habeas corpus relief is granted and Applicant is granted out-of-time appeals from his convictions in cause numbers 13,841-94; 13,842-94, and 12,084 from the 402nd Judicial District Court of Wood County. The proper remedy in a case such as this is to return Applicant to the point at which he can give notice of appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the convictions had been entered on the day that the mandate of this Court issues. We hold that Applicant, should he desire to prosecute appeals, must take affirmative steps to see that notices of appeal are filed in the trial court within thirty days after the mandate of this Court has issued.

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