EX PARTE BENJAMIN WAYNE DECKARD v. << (2016)

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 three counts of possession with the intent to deliver a controlled substance and one count of possession of marihuana. He was sentenced to imprisonment for two terms of sixty years, one term of fifty years, and one term of two years. The Twelfth Court of Appeals dismissed his appeal. Deckard v. State, No. 12-15-00264-CR (Tex. App.—Tyler Dec. 16, 2015) (not designated for publication).

Applicant contends that he was denied his right to an appeal because the certification of his right to appeal was not timely executed. We remanded this application to the trial court for findings of fact and conclusions of law.

The trial court made findings of fact and conclusions of law and recommended that we grant Applicant an out-of-time appeal. We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in cause number 31819 from the 3rd District Court of Anderson 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.

Per curiam.