Opinion
No. AP-75,715
Delivered: June 27, 2007. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. CR-24254-A IN THE 159th District Court from Angelina County.
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of two counts of aggravated sexual assault and sentenced to ninety-nine years' imprisonment and $10,000 fines. The Tenth Court of Appeals affirmed his conviction. Conner v. State, No. 10-04-212-CR (Tex.App.-Waco, delivered April 13, 2005, no pet.). Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed . Applicant filed an affidavit with the trial court. The trial court has entered findings of fact that appellate counsel is recently deceased, and based on Applicant's affidavit concluded that appellate counsel failed to timely notify Applicant that his conviction had been affirmed. The trial court recommends that relief be granted. 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 Tenth Court of Appeals in Cause No. 10-04-212-CR that affirmed his convictions in Case No. CR-24254 from the 159th Judicial District Court of Angelina County. Applicant shall file his petition for discretionary review with the Tenth Court of Appeals within 30 days of the date on which this Court's mandate issues. Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).