Foreman, Donald Ray v. State

Court of Appeals of Texas

Foreman, Donald Ray v. State

DecidedJune 30, 1999

Docket05-96-01600-CR

StatusPublished

This text of Foreman, Donald Ray v. State (Foreman, Donald Ray v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Foreman, Donald Ray v. State, (Tex. Ct. App. 1999).

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. 73,443

EX PARTE DONALD RAY FOREMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY _

The opinion was delivered per curiam.

OPINION

This is apost-conviction application for awrit of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of burglary of ahabitation in Cause Number F-9647105-MQ in the 204th District Court of Dallas. The conviction was affirmed by the Court of Appeals. Foreman v. State, No. 05-96-01600-CR (Tex.App. -Dallas, delivered June 17, 1998, pet. dism'd). In the instant application applicant contends,, inter alia, that he was denied his right to timely petition this Court for discretionary review due to his attorney's ineffective representation by his failure to timely notify Applicant of the action of the Court of Appeals. The trial court has recommended relief be granted on

this basis. 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-9647105-MQ in the

204th 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 appeal from his conviction may be

taken. All other relief sought is denied.

EN BANC DO NOT PUBLISH DELIVERED: June 30, 1999

A True Copy T!toeySC.Bennett,Jr., Clerk Court ol Criminal Appeals of Texas

"^ Deputy .* A U.S.POSTAGE 'z • -l<'>;•*-> Country? 5 0 .2 6 1 PBMETER •' ^.iteof^p.." Mail 841822 Court of Criminal gppeala -tv'OT Pnv-.*= ' Js€ $ox 12308 Capitol Station Austin, &exa*787U LISA ROMBOK, CLERK 5th Court of Appeals DallasCounty Courthouse 600 Commerce, 2nd Floor Dallas, TX 75202 iiniiiiiiiii iimiii IliMiiiiliiiiiliiiitiilililuliliitHiililiitllitilftiitiiifP

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,,,,,., ,,^.:s»Kfi^i-ij^^^fe^^.K**™:

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. 73,443

EX PARTE DONALD RAY FOREMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY _

The opinion was delivered per curiam.

OPINION

This is apost-conviction application for awrit of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of burglary of ahabitation in Cause Number F-9647105-MQ in the 204th District Court of Dallas. The conviction was affirmed by the Court of Appeals. Foreman v. State, No. 05-96-01600-CR (Tex.App. -Dallas, delivered June 17, 1998, pet. dism'd). In the instant application applicant contends,, inter alia, that he was denied his right to timely petition this Court for discretionary review due to his attorney's ineffective representation by his failure to timely notify Applicant of the action of the Court of Appeals. The trial court has recommended relief be granted on

this basis. 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-9647105-MQ in the

204th 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 appeal from his conviction may be

taken. All other relief sought is denied.

EN BANC DO NOT PUBLISH DELIVERED: June 30, 1999

A True Copy T!toeySC.Bennett,Jr., Clerk Court ol Criminal Appeals of Texas

"^ Deputy .* A U.S.POSTAGE 'z • -l<'>;•*-> Country? 5 0 .2 6 1 PBMETER •' ^.iteof^p.." Mail 841822 Court of Criminal gppeala -tv'OT Pnv-.*= ' Js€ $ox 12308 Capitol Station Austin, &exa*787U LISA ROMBOK, CLERK 5th Court of Appeals DallasCounty Courthouse 600 Commerce, 2nd Floor Dallas, TX 75202 iiniiiiiiiii iimiii IliMiiiiliiiiiliiiitiilililuliliitHiililiitllitilftiitiiifP

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