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EX PARTE DARRELL GLENN ISHAM, Applicant.

OPINION

PER CURIAM.

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of manufacture and delivery of a controlled substance and sentenced to life imprisonment. The Twelfth Court of Appeals dismissed his appeal. Isham v. State, No. 12-04-00170-CR (Tex.App.-Tyler, delivered June 23, 2004, no pet.). Applicant contends that his counsel rendered ineffective assistance because he failed to timely file a notice of appeal. We agree and therefore find that applicant is entitled to the opportunity to file an out-of-time appeal of the judgment of conviction in Case No. 241-1547-03-B from the 241st Judicial District Court of Smith County, Texas. 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. 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.

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EX PARTE ISHAM, AP-75,499 (Tex.Cr.App. 2006)
(Sep 13, 2006)