Banks, Ex Parte Randall Londall

Court of Criminal Appeals of Texas

Banks, Ex Parte Randall Londall

DecidedJanuary 26, 2005

DocketAP-75,080

StatusPublished

This text of Banks, Ex Parte Randall Londall (Banks, Ex Parte Randall Londall) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Banks, Ex Parte Randall Londall, (Tex. 2005).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,080 EX PARTE RANDALL LONDALL BANKS, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM TARRANT COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated sexual assault of a child and his punishment was assessed at twenty-five years imprisonment. This conviction was affirmed, Banks v. State, No. 2-02-028-CR (Tex. App. -- Fort Worth, delivered February 20, 2003).

Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review because his attorney did not notify him that the conviction had been affirmed. The trial court finds that Applicant's attorney on appeal has no record in his file of having sent notice to Applicant of his opportunity to prepare and file a petition for discretionary review. The State concedes, and the trial court recommends that we grant relief. Therefore, Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997).

The proper remedy in a case such as this is to return Applicant to the point at which he can file a petition for discretionary review. He may then follow the proper procedures in order that a meaningful petition for discretionary review may be filed. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision had been rendered on the day the mandate of this Court issues. We hold that should Applicant desire to seek discretionary review, he must take affirmative steps to see that his petition is filed in the Court of Appeals within thirty days after the mandate of this Court has issued.

All other allegations are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: January 26, 2005

DO NOT PUBLISH

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,080 EX PARTE RANDALL LONDALL BANKS, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM TARRANT COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of aggravated sexual assault of a child and his punishment was assessed at twenty-five years imprisonment. This conviction was affirmed, Banks v. State, No. 2-02-028-CR (Tex. App. -- Fort Worth, delivered February 20, 2003).

Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review because his attorney did not notify him that the conviction had been affirmed. The trial court finds that Applicant's attorney on appeal has no record in his file of having sent notice to Applicant of his opportunity to prepare and file a petition for discretionary review. The State concedes, and the trial court recommends that we grant relief. Therefore, Applicant is entitled to relief. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997).

The proper remedy in a case such as this is to return Applicant to the point at which he can file a petition for discretionary review. He may then follow the proper procedures in order that a meaningful petition for discretionary review may be filed. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision had been rendered on the day the mandate of this Court issues. We hold that should Applicant desire to seek discretionary review, he must take affirmative steps to see that his petition is filed in the Court of Appeals within thirty days after the mandate of this Court has issued.

All other allegations are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: January 26, 2005

DO NOT PUBLISH

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