Ex Parte McGrew

Full title: EX PARTE MACE LEE MCGREW, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Oct 3, 2007

No. AP-75,772 (Tex. Crim. App. Oct. 3, 2007)

Opinion

No. AP-75,772

Delivered: October 3, 2007. DO NOT PUBLISH.

On application for a writ of habeas corpus cause no. 2003cr8727d in the 227^th District Court from Bexar 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 murder and aggravated robbery. He was sentenced to imprisonment for life and forty years, respectively. The Fourth Court of Appeals affirmed his convictions. McGrew v. State, No. 04-05-00144-CR (Tex.App.-San Antonio, delivered April 12, 2006, no pet.). Applicant contends, among other things, that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his convictions had been affirmed. 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 Applicant was denied the opportunity to file a petition for discretionary review. 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 Fourth Court of Appeals in Cause No. 04-05-00144-CR that affirmed his convictions in Case No. 2003CR8727D from the 227^th Judicial District Court of Bexar County. Applicant shall file his petition for discretionary review with the Fourth Court of Appeals within 30 days of the date on which this Court's mandate issues. Applicant's remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).