Argumaniz, Gilbert Flores v. State

• Court: Court of Appeals of Texas
• Decided: October 20, 1999
• Docket: 05-96-01994-CR
• Status: Published

Opinion

TEXAS COURT OF CRIMINAL APPEALS Austin, Texas ^ ffl $K ormDT OF COURT APPFALS ^ OF APPEALS MANDATE NOV 18 1999 TRIAL COURT NO. WQfi-02383-LfAI USA ROMBOK _ CLERK, 5th DISTRICT COURT OF APPEALS NO. nS-96-01994-CR out" ' THE STATE OF TEXAS, TO THE CQURJ, OF APPE*t St^K THE FIFTH SUPREME JUDICIAL DISTRICT - GREETINGS: Before our COURT OF CRIMINAL APPEALS, on the JSt day of OCTOBER, A.D. 1999, the cause upon an Application for Writ ofHabeas Corpus styled; EX PARTE GDLBERT FLORES ARGUMANIZ CCRANO 73.568 was determined; and therein our said COURT OF CRIMINAL APPEALS made its order in these words: "This cause came on to be heard on the Application for Writ ofHabeas Corpus, and the same being considered, because it is the Opinion ofthis Court that the reliefprayed for should be GRANTED, it is ORDERED, ADJUDGED AND DECREED that an out-of-time Petition for Discretionary Review is GRANTED, in accordance with the Opinion ofthis Court, and that this Decision be certified below for Observance." WHEREFORE, We command you to observe the order ofour said COURT OF CRIMINAL APPEALS in this behalf and in all things have it duly recognized, obeyed and executed.

WITNESS, THE HONORABLE MICHAEL J. McCORMICK, Presiding Judge ofour said COURT OF CRIMINAL APPEALS, with the Seal thereof annexed, at the City of Austin, this \&L day of NOVEMBER, A.D. 1999.

TROY C. BENNETT, JR, Clerk ,Deputy Clerk ?••<,-, •*•;;<>'••:, • >! .w-*K^.S::i.^^i^tSW^^*^^^^*^§S«*^

FILED W p COURT Of N*EMS NOV 18 1999 USA ROMBOK CLERK, 5th DISTRICT

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

No. 73,568

EX PARTE GILBERT FLORES ARGUMANIZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY

The opinion was delivered per curiam.

OPINION

This is apost-conviction application for awrit of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of murder in Cause Number F96-02383-UL in the Criminal District Court Number 5of Dallas. The conviction was affirmed by the Court of Appeals. Argumaniz v. State, No. 05-96-01994-CR (Tex.App. - Dallas, delivered July 31, 1998, no pet.). In the instant petition Applicant contends he was denied his right to petition this Court for discretionary review due to his attorney's ineffective representation in that his attorney failed to inform him of his right to petition this Court for ^^^^s«^*^*^^s^^-'?'-

discretionary review following the affirmance ofhis conviction. The trial court recommends that reliefbe granted. We agree with the recommendation.

Habeas corpus relief is granted and applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in Cause Number F96-02383-UL from the Criminal District Court Number 5 of Dallas County, Texas. The proper remedy in a case such as this is

to allow the applicant to file his petition for discretionary review with the Court ofAppeals within thirty (30) days of the issuance of the mandate of this Court in this cause. He may then follow the proper procedures in order that a meaningful appeal from his conviction may be taken.

EN BANC DO NOT PUBLISH

DELIVERED: October 20, 1999

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