Graig, Ex Parte Michael Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: December 20, 2006
• Docket: AP-75,577
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,577 EX PARTE MICHAEL WAYNE CRAIG, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 7434-A IN THE 8^TH DISTRICT COURT

FROM FRANKLIN 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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of driving while intoxicated and sentenced to life imprisonment. The Sixth Court of Appeals affirmed his conviction. Craig v. State, No. 06-02-00151-CR (Tex. App.-Texarkana, delivered June 6, 2003, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to advise him of his right to file a petition for discretionary review pro se. We remanded this application to the trial court for findings of fact and conclusions of law.

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 appellate counsel failed to advise Applicant of his right to petition for discretionary review pro se. 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 an out-of-time petition for discretionary review of the judgment of the Sixth Court of Appeals in Cause No. 06-02-00151-CR that affirmed his conviction in Case No. 7434-A from the 8^th Judicial District Court of Franklin County. Applicant shall file his petition for discretionary review with the Sixth Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: December 20, 2006

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