Goessler, Ex Parte Freddie Junior

• Court: Court of Criminal Appeals of Texas
• Decided: January 10, 2007
• Docket: AP-75,595
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,594 & AP-75,595 EX PARTE FREDDIE JUNIOR GOESSLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. C-396-007741-0851821-A AND C-396-00740-0852297-A

IN THE 396TH DISTRICT COURT OF TARRANT COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of robbery by threats and aggravated robbery with a deadly weapon and sentenced to thirty-five (35) years' imprisonment. The Court of Appeals affirmed these convictions. Goessler v. State, Nos. 2-03-451-CR, 2-03-452-CR (Tex. App. - Fort Worth, August 19, 2004).

Applicant contends that he was denied the opportunity to file petitions for discretionary review because appellate counsel failed to timely notify Applicant that his convictions had been affirmed.

Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and conclusions of law that any failure to file petitions for discretionary review in these causes was not attributable to Applicant. The trial court recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). We find, therefore, that Applicant is entitled to the opportunity to file out-of-time petitions for discretionary review of the judgments of the Court of Appeals in Cause Nos. 02-03-451-CR and 02-03-452-CR that affirmed convictions in Case Nos. C-396-007741-0851821-A and C-396-00740-0852297-A from the 396th District Court of Tarrant County. Applicant shall file petitions for discretionary review with the Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: January 10, 2007

Do Not Publish