Ex Parte Hall

Full title: EX PARTE PATRICK HALL, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Jun 21, 2006

Nos. AP-75,452, AP-75,453 (Tex. Crim. App. Jun. 21, 2006)

Opinion

Nos. AP-75,452, AP-75,453

Delivered June 21, 2006. DO NOT PUBLISH.

On Applications for Writs of Habeas Corpus Cause Nos. 991261 and 991262 in the 331^st Judicial District Court from Travis County.

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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of taking a weapon from a peace officer and assault on a peace officer and sentenced to twenty years' and ninety-nine years' imprisonment, respectively. The Third Court of Appeals affirmed his convictions. Hall v. State, nos. 03-99-00339-CR and 03-99-00340-CR (Tex.App.-Austin, March 2, 2000, no pet.) Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify applicant that his conviction had been affirmed and failed to advise him of his right to petition for discretionary review pro se. We remanded this application to the trial court for findings of fact and conclusions of law. Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and conclusions of law that appellate counsel failed to timely notify applicant that his convictions had been affirmed and failed to advise him of his right to petition for discretionary review pro se. 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 Third Court of Appeals in Cause Nos. 03-99-00339-CR and 03-99-00340-CR that affirmed his convictions in Case Nos. 991261 and 991262 from the 331st Judicial District Court of Travis County, Texas. Applicant shall file his petition for discretionary review with the third Court of Appeals within 30 days of the date on which this Court's mandate issues.