Bible, Ex Parte Rodney Curtis

• Court: Court of Criminal Appeals of Texas
• Decided: January 16, 2008
• Docket: AP-75,813
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,813 EX PARTE RODNEY CURTIS BIBLE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F05-51098-Q IN THE 204^TH DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O P I N I O N

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 robbery and sentenced to twenty-five years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Bible v. State, No. 05-05-01200-CR (Tex. App.-Dallas, delivered May 4, 2006, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of his right to petition for discretionary review pro se.

Based on our independent review of the record, we find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Fifth Court of Appeals in Cause No. 05-05-01200-CR that affirmed his conviction in Case No. F05-51098-Q from the 204^th Judicial District Court of Dallas County. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006). Applicant shall file his petition for discretionary review with the Fifth 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).

Delivered: January 16, 2008

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