Beasley, Ex Parte Jerry Dwight

• Court: Court of Criminal Appeals of Texas
• Decided: April 6, 2005
• Docket: AP-75,127
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,127 EX PARTE JERRY DWIGHT BEASLEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 46,309 IN THE 27^th JUDICIAL DISTRICT COURT

BELL 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 tex. code crim. proc. art 11.07. Applicant was convicted of aggravated sexual assault. Punishment was assessed at confinement for forty years. This conviction was affirmed, Beasley v. State, No. 03-96-00654-CR (Tex. App.Austin, delivered June 5, 1997, no pet.).

Applicant contends that he was denied an opportunity to file a petition for discretionary review because his appellate attorney, Mr. Ganne, did not file a discretionary review after being retained to do so. The record reflects that counsel did not file a petition for discretionary review as promised.

Applicant is entitled to relief. The proper remedy in a case like 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 in this cause 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 relief requested is dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions and Parole Divisions.

DELIVERED: April 6, 2005

DO NOT PUBLISH