Opinion
NO. WR-88,184-01
04-11-2018
EX PARTE KEYDRIN ARCENEAUX, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1486680-A IN THE 185TH DISTRICT COURT FROM HARRIS 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 reckless injury to a child and sentenced to seventy-five years' imprisonment. The First Court of Appeals affirmed his conviction. Arceneaux v. State, No. 01-15-00996-CR (Tex. App.—Houston [1st Dist] Feb. 7, 2017)(not designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed.
Appellate counsel's letter informing Applicant that his conviction was affirmed was dated almost two months after the appellate opinion was issued. Counsel did not timely inform Applicant of the result of his direct appeal. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997).
We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the First Court of Appeals in Cause No. 01-15-00996-CR that affirmed his conviction in Cause No. 1486680 from the 185th District Court of Harris County. Applicant shall file his petition for discretionary review with this Court within 30 days of the date on which this Court's mandate issues. Delivered: April 11, 2018
Do not publish