MARTINEZ RIVERA, CARLOS OMAR Appeal from 229th District Court of Starr County (other per curiam)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,233-01 EX PARTE CARLOS OMAR MARTINEZ RIVERA, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 05-CRS-324-A IN THE 229TH DISTRICT COURT FROM STARR 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 murder and sentenced to fifty years’ imprisonment. Applicant contends that he was denied his right to appeal through no fault of his own. The parties have entered agreed findings of fact and conclusions of law, which the trial court has adopted, recommending that Applicant be granted an out-of-time appeal. We find that Applicant was denied his right to appeal through no fault of his own, and that 2 he is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Cause No. 05-CRS-324-A from the 229th District Court of Starr County. See Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). 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 Delivered: April 18, 2018 Do not publish
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