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Click here for the full text of this decision FACTS:A trial court convicted Julio Mestas of indecency with a child, evading arrest, and failure to stop and render aid. The court assessed punishment at 55 years of confinement and a $1,000 fine. Mestas’ attorney filed a brief pursuant to Anders v. California, 386 US. 738 (1967), stating that there were no nonfrivolous issues for appeal. Mestas requested a copy of the record to file a pro se response to the Anders brief, but he did not receive the record. The 11th Court of Appeals agreed that the appeal had no merit and affirmed the convictions. Mestas filed post-conviction applications for writs of habeas corpus stating that he was denied his right to appeal because he was deprived of the trial court records and, thus, could not file a pro se response to his counsel’s Anders brief. The Court of Criminal Appeals (CCA) agreed and granted out-of-time appeals. The CCA stated that the proper remedy in Mestas’ case was to return Mestas to the point at which he can give notice of appeal. The CCA held that Mestas must appeal within 30 days after the CCA’s mandate issued. The CCA’s mandate issued on Feb. 18, 2004, making the deadline for filing timely notices of appeal March 19, 2004. Mestas filed motions for new trial on Feb. 16, 2004 and notices of appeal on April 1, 2004. The state filed a motion to dismiss the appeal, stating that the court of appeals lacked jurisdiction, because the notices of appeal were untimely. The 11th Court agreed and dismissed the appeals. The CCA granted review to determine whether the 11th Court misconstrued the language in its opinion as requiring dismissal when Mestas filed a motion for a new trial before filing a notice of appeal. HOLDING:Reversed and remanded. The main issue, the court stated, is whether Mestas’ filing of a motion for new trial extended the calculation of the time limit for filing an appeal specified in our order granting the out-of-time appeal. The state argued that a motion for new trial was not a remedy requested or granted by the CCA. Mestas contended that if he was returned to a point at which he could give notice of appeal, then he could also file a motion for new trial. The effect of granting an out-of-time appeal, the CCA stated, is that it restores the defendant to the position he occupied immediately after the trial court signed the judgment of conviction. The CCA stated that because its first opinion returned Mestas to a point at which he could give notice of appeal, then Mestas was also at a point where he could file a motion for new trial. The state’s argument that Mestas’ motion for new trial did not extend the time for filing notices of appeal disregarded the Texas Rules of Appellate Procedure, the CCA stated. Additionally, the CCA stated, the language used in our opinion should be construed broadly enough to give effect to the Texas Rules of Appellate Procedure that cover unforeseen situations that may arise. The CCA held that the court of appeals erred in dismissing Mestas’ appeal for want of jurisdiction. OPINION:Meyers, J., delivered the opinion of the court, in which Price, Johnson, Keasler, Hervey, Holcomb and Cochran, J.J., joined. DISSENT:Keller, P.J., filed a dissenting opinion in which Womack, J., joined. “We granted appellant an out-of-time appeal, not out-of-time motion for new trial. Appellant’s claim was that he was denied an appeal, and the basis for our order was a finding that he was deprived of an appeal. Appellant had the opportunity to file a motion for new trial, and in fact, had done so after his convictions.”

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