Green, Ex Parte Durwan Deon

• Court: Court of Criminal Appeals of Texas
• Decided: March 6, 2013
• Docket: AP-76,977
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,977

EX PARTE DURWAN DEON GREEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 219-80653-08 IN THE 219TH DISTRICT COURT FROM COLLIN COUNTY

Per curiam.

OPINION

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 money laundering

and sentenced to two years’ imprisonment. The Fifth Court of Appeals affirmed his conviction.

Green v. State, No. 05-09-01254-CR (Tex. App.—Dallas Jan. 11, 2012) (unpublished).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his conviction had been affirmed

The trial court recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900, 902 (Tex.

Crim. App. 2006). 2

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 Fifth Court of Appeals in Cause No. 05-09-01254-CR

that affirmed his conviction in Cause No. 219-80653-08 from the 219th District Court of Collin

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Delivered: March 6, 2013 Do not publish