Categories: Texas Court Opinions

EX PARTE POLLOCK, 74,571 (Tex.Cr.App. 2003)

EX PARTE DARRELL POLLOCK, Applicant.

No. 74,571.Court of Criminal Appeals of Texas.
February 12, 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 DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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

OPINION
PER CURIAM

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 possession of anhydrous ammonia, and punishment was assessed at seventeen years imprisonment. No appeal was taken from the conviction.

Applicant contends that he was denied his right to an appeal. The trial court entered findings of fact and conclusions of law, supported by the record, recommending that an out-of-time appeal be granted. Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 1082 in the 39th District Court of Throckmorton 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.

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

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