David Ray Penny v. State

• Court: Court of Appeals of Texas
• Decided: September 14, 2016
• Docket: 06-14-00101-CR
• Status: Published

Opinion

lN THE COURT OF CR|M|NAL APPEALS OF TEXAS

No. wR-84,451_01

EX PARTE DAVID RAY PENNY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1323669A IN THE 8TH DIS'I`RICT COURT FROM HOPKINS COUNTY

Per curiam. 0 P I N I 0 N Pursuant to the provisions of Article ll.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. Exparte Young, 418 S.W.Zd 824, 826 (Tex. Crim. App. 1967). Applicant Was convicted of_ continuous sexual d abuse of a child and sentenced to life imprisonment The Sixth Court of Appeals affirmed his conviction. Penny v. State, No. 06-14-00101-CR (Tex. App.~Texarkana del. Mar. 19, 2015) (not designated for publication). Applicant contends that he Was not notified that his conviction had been affirmed by the

appellate court and advised of his right to petition pro se for discretionary review. He asks

permission to file an out-of-time petition for discretionary review. Appellate counsel filed an affidavit with the trial court, and based on that affidavit, the trial court has entered findings of fact and conclusions recommending that relief be granted Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). The findings and recommendation are supported by the record.

Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Sixth Court of Appeals in Cause No. 06-14-00101-CR that affirmed his conviction in Cause No. 1323669 from the 8th District Court of Hopkins County. Applicant shall file his petition for discretionary review with this Court within 30 days of the date on which this

Court’s mandate issues.

Delivered: September 14, 2016 Do not publish

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ll SHARON KELLER ABEL ACOSTA oooo~owooo~ COURT oF CRIMINAL APPEALSmoo;oo<551 LAWRENCE E MEYERS P.o. BoX 12308, CAPiroL srATroN ( ) ' cHERyL JomvsoN AUST.IN, TEXAS 7371 1 slAN scHiLHAB MlKE KEASLER GEN'ERAL COUNSEL BARBARA P. mmva <5‘2)463~1597

ELSA ALCALA

BERT RlCHARDSON

KEVlN P. YEARY

DAVlD NEWELL JUDGES

Wednesday, September 14, 2016

DAVID RAY PENNY McConnell Unit - TDC # 1929000 3001 S. Emily Dr.

Beeville, TX 78102`

Re: PENNY, DAVID RAY CCA No. WR-84,451-01 COA No. 06~l4-00101-CR Trial Court Case No. l323669A

The court has issued an opinion on the above referenced cause number.

Sincerely,

Abel A\oésra, clerk

cc: 6th Court Of Appeals Clerk (DELIVERED VIA E-MAIL) District Clerk Hopkins County (DELIVERED le E_MAIL)

District Attorney Hopkins County (DELIVERED VIA E-MAIL) Presiding Judge Sth District Court (DELIVERED VIA E-MAIL)

SUPREME CouRr Buu.DiNG, 201 WEsT 14TH STREET, RooM 106, AuSrIN, TEXAS 78701 WEBsITE Www,rxcouRTs.oov/ccA.Ast