Opinion
NO. WR-86,303-02
01-24-2018
EX PARTE JONG SUP LEE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CCC-17-20590B IN THE 52ND DISTRICT COURT FROM CORYELL COUNTY
Per curiam. KELLER, P.J., dissents. 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 aggravated robbery and sentenced to thirty years' imprisonment. The Tenth Court of Appeals affirmed his conviction. Lee v. State, No. 10-11-00308-CR (Tex. App.—Waco Nov. 1, 2012) (not designated for publication).
Applicant contends, among other things, that appellate counsel failed to inform him of his right to file a pro se petition for discretionary review (PDR). We remanded this application to the trial court for findings of fact and conclusions of law. Appellate counsel filed an affidavit. The trial court found it credible and concluded that counsel was not deficient and Applicant was not prejudiced.
Based on our independent review of the record, we hold that counsel's notice to Applicant was untimely, depriving Applicant of his right to file a pro se PDR. Relief is granted. Applicant is entitled to the opportunity to file an out-of-time PDR of the judgment of the Tenth Court of Appeals in case number 10-11-00308-CR that affirmed his conviction in cause number FR-10-20590 from the 52nd District Court of Coryell County. Applicant shall file his PDR with this Court within 30 days of the date on which this Court's mandate issues. Applicant's remaining grounds are dismissed. Delivered: January 24, 2018
Do not publish