Camp, Ex Parte Terry Lee

• Court: Court of Criminal Appeals of Texas
• Decided: June 15, 2005
• Docket: AP-75,198
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,198 EX PARTE TERRY LEE CAMP, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM DALLAS COUNTY

The opinion was Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offense of aggravated sexual assault, and punishment was assessed at imprisonment for life. Applicant appealed, and his conviction was affirmed. Camp v. State, No. 05-00-01963-CR (Tex. App. -- Dallas, delivered November 20, 2002, pet. dismissed).

Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely file his petition for discretionary review. The trial court, after being unable to obtain a response from appellate counsel, recommended that relief be granted. The record reflects that counsel did not timely file a petition for discretionary review from this conviction.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number F00-71131-VT from the 283rd Judicial District Court of Dallas County. Applicant is ordered returned to the point at which he can file a meaningful petition for discretionary review. 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 of the date the mandate of this Court has issued.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

DELIVERED: June 15, 2005

DO NOT PUBLISH