Culberson, Derrick Shawn

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-58,825-01 EX PARTE DERRICK SHAWN CULBERSON, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W98-30801-T(A) IN THE 283^RD DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

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 aggravated robbery and sentenced to life imprisonment. The Eleventh Court of Appeals affirmed his conviction. Culberson v. State, No. 11-02-00308-CR (Tex. App.-Eastland, delivered September 26, 2003, no pet.).

Applicant contends that appellate counsel rendered ineffective assistance because he failed to inform Applicant of his right to file a pro se petition for discretionary review. Appellate counsel filed an affidavit with the trial court. Based on that affidavit and the record, the trial court recommended granting relief. We disagree. Despite being advised of his rights on direct appeal and receiving two extensions from the Eleventh Court of Appeals in which to file a brief, Applicant failed to file a brief on direct appeal. We conclude that Applicant, having failed to file a brief, forfeited his right to file a pro se petition for discretionary review. Accordingly, relief is denied.

Filed: January 24, 2007

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