Fisher, Ex Parte Jessie Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: December 14, 2005
• Docket: AP-75,306
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,306 EX PARTE JESSIE LYNN FISHER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. W01-54952-S(A) IN THE 282^ND JUDICIAL DISTRICT COURT OF 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 Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offense of possession of a firearm by a felon, and punishment was assessed at life imprisonment. Applicant appealed, and his conviction was affirmed. Fisher v. State, No. 05-02-01361-CR (Tex. App. -- Dallas, delivered July 12, 2004, no pet.).

Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review because he was not timely notified that his conviction had been affirmed on direct appeal. The trial court, based upon an affidavit from the clerk of the court of appeals, recommended that relief be granted. The record reflects that Applicant did not receive notice that his conviction had been affirmed on direct appeal until the deadlines for filing a petition for discretionary review and a motion for an extension of time had passed.

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 W01-54952-S(A) from the 282nd Judicial District Court of Dallas County. Applicant is ordered returned to the point at which he can file a 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: December 14, 2005

DO NOT PUBLISH