Ahmed, Ex Parte Reaz

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2004
• Docket: AP-74,992
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,992 EX PARTE REAZ AHMED, Applicant ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM DALLAS COUNTY

Per Curiam.

O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and was sentenced to a term of eighty-five years imprisonment in addition to a $10,000 fine. His conviction was affirmed in an unpublished opinion on August 30, 1999. Ahmed v. State, No. 05-97-00874-CR (Tex. App. -- Dallas 1999).

Applicant contends that his appellate counsel rendered ineffective assistance because he failed to ensure that Applicant's petition for discretionary review was timely filed.

After a review of the affidavit submitted by Applicant's appellate counsel, the trial court has determined that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review due to circumstances which were beyond the control of both Applicant and his appellate counsel when Applicant's first petition was filed and dismissed as untimely filed. We agree. Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 05-97-00874-CR affirming his conviction in cause number F97-13900-NL from the 5th Judicial District Court of Dallas County, Texas. Applicant shall file his petition for discretionary review with the Court of Appeals within thirty days of the issuance of this Court's mandate.

DELIVERED: August 31, 2004

DO NOT PUBLISH