Opinion
NO. WR-89,232-01
12-12-2018
EX PARTE ISIDRO CASTANEDA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-3-W011400-1301246-A IN THE CRIMINAL DISTRICT COURT No. 3 FROM TARRANT 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 burglary of a habitation and sentenced to imprisonment. The Eleventh Court of Appeals affirmed the conviction. Castaneda v. State, No. 11-14-00031-CR (Tex. App.—Eastland del. Feb. 4, 2016).
Applicant contends that he was denied his right, through no fault of his own, to pursue a petition for discretionary review in this Court after his conviction was affirmed by the Eleventh Court of Appeals. The trial court, with the State's agreement, recommends that Applicant be granted an out-of-time petition for discretionary review, and the habeas record supports the recommendation. See Ex parte Wilson, 956 S.W.2d 25, 26 -27 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135, 138-39 (Tex. Crim. App. 2005).
Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Eleventh Court of Appeals in Cause No. 11-14-00031-CR that affirmed his conviction in Cause No. 1301246D from the Criminal District Court No. 3 of Tarrant 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.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: December 12, 2018
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