Green, Ex Parte Vanoy Kermit Iii

• Court: Court of Criminal Appeals of Texas
• Decided: June 21, 2006
• Docket: AP-75,454
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,454; AP-75,455; AP-75,456 EX PARTE VANOY KERMIT GREEN, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. F-2002-1036, 1134 AND 1135-E IN THE 367th

JUDICIAL DISTRICT COURT

DENTON COUNTY

Per Curiam.

O P I N I O N

These are post-conviction applications for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offenses of possession of marihuana, possession of a firearm by a felon, and possession of cocaine with intent to deliver, and punishment was assessed at, respectively, two years, four years, and ninety-nine years confinement. Applicant appealed, and his convictions were affirmed. Green v. State, Nos. 02-02-456, 457, 458-CR (Tex. App. -- Fort Worth, delivered December 4, 2003, no pet.).

Applicant contends that he was denied an opportunity to file petitions for discretionary review because his appellate attorney did not timely notify him that his convictions had been affirmed or that he could seek discretionary review, pro se. The trial court, based upon an affidavit from appellate counsel, recommended that relief be granted.

Habeas corpus relief is granted, and Applicant is granted leave to file out-of-time petitions for discretionary review from his convictions in cause numbers F-2002-1036, 1134 and 1135 from the 367 Judicial District Court of Denton County. Applicant is ordered returned to the point at which he can file meaningful petitions for discretionary review. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision had been rendered on the day the mandate of this Court issues. We hold that should Applicant desire to seek discretionary review, he must take affirmative steps to see that his petitions are filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.

DELIVERED: June 21, 2006

DO NOT PUBLISH