Cryer, Ex Parte Joseph Ray

• Court: Court of Criminal Appeals of Texas
• Decided: October 1, 2003
• Docket: AP-74,762
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,762 EX PARTE JOSEPH RAY CRYER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM DALLAS COUNTY

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 Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of aggravated sexual assault in Cause Number F-0000388-RM in the 194^th District Court of Dallas County. The conviction was affirmed by the Court of Appeals. Cryer v. State, No. 05-00-008745-CR (Tex.App. - Dallas, delivered May 31, 2002, no pet.). In the instant application Applicant contends he was denied his right to petition this Court for discretionary review due to his attorney's ineffective representation by failing to timely notify Applicant after the conviction was affirmed that he had a right to petition this Court pro se to review the holding of the Court of Appeals. The trial court recommends that relief be granted in the form of an out-of-time petition for discretionary review. 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 F-0000388-RM from the 194^th District Court 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 of Appeals 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 review of his conviction may be had.

DELIVERED: October 1, 2003

DO NOT PUBLISH