Gates, Paul D. v. State

Opinion

RECEIVED

r.ntior OF APPEALS

JUN 0 7 2013

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-79,045-01

EX PARTE PAUL DOUGLAS GATES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-1045830-L IN CRIMINAL DISTRICT COURT NO. 5 FROM DALLAS COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk ofthe trial court transmitted to this Court this application for a writ of habeas corpus. Exparte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and sentenced to forty-five years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Gates v. State, No. 05-11-00404-CR (Tex. App.—Dallas 2012, no pet.).

Applicant contends that appellate counsel rendered ineffective assistance because counsel failed to advise him of his right to file a petition for discretionary review (PDR) and to timely notify him that his conviction had been affirmed. We remanded this application to the trial court for findings of fact and conclusions of law.

The trial courtmade findings and conclusions and recommendedthat we grantApplicantan out-of-time PDR. Weagree. On this record, there was a breakdown in the system. Exparte Riley, 193 S.W.3d 900,902 (Tex. Crim. App. 2006). We find that Applicant is entitledto the opportunity to file an out-of-time PDR of the judgment of the Fifth Court of Appeals in case number 05-11- 00404-CR that affirmed his conviction in cause number F-l 045830-L from Criminal District Court No. 5 of Dallas 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Delivered: June 5,2013 Do not publish

OFFICIAL BUSINESS

STATE OF TEXAS

RO. BOX 12308, CAPITOL STATION PENALTY FOR PITNEY BOWES AUSTIN, TEXAS 78711 PRIVATE USE 02 1R $ 00 384 0002003152 JUN05 2013

MAILED FROM ZIPCOOE 78701 WR-79,045-01

St?0FAPPE"-S CLERK

SB DQU-N3B 7S202

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