Flores, Ex Parte Guadalupe Guerrero

• Court: Court of Criminal Appeals of Texas
• Decided: January 26, 2005
• Docket: AP-75,073
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,073 EX PARTE GUADALUPE GUERRERO FLORES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 29,443-272 IN THE 272ND DISTRICT COURT OF

BRAZOS COUNTY

The opinion was delivered per curiam.

O P I N I O N

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Applicant was convicted of the felony offense of driving while intoxicated. Punishment was assessed at imprisonment for six years in the Texas Department of Criminal Justice - Institutional Division. Applicant's conviction was affirmed. Flores v. State, No. 01-02-01079-CR (Tex. App.-- Houston [1st Dist.], delivered December 18, 2003).

Applicant contends that he was denied his right to file a petition for discretionary review because of ineffective assistance of counsel. The trial court recommends granting relief. We agree.

Accordingly, Applicant is granted an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 01-02-01079-CR, affirming the conviction in cause number 29,443-272 in the 272nd Judicial District Court of Brazos County, Texas. The proper remedy in a case such as this is to allow Applicant to file his petition with the Court of Appeals within thirty days of the issuance of this Court's mandate.

DELIVERED: January 26, 2005

DO NOT PUBLISH