Green, Jimmy Harold II

• Court: Court of Criminal Appeals of Texas
• Decided: July 23, 2014
• Docket: WR-81,283-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,283-02

EX PARTE JIMMY H. GREEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10CR3171 IN THE 122ND DISTRICT COURT FROM GALVESTON 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 driving while

intoxicated and sentenced to twenty-five years’ imprisonment. The First Court of Appeals affirmed

his conviction. Green v. State, No. 01-12-00029-CR (Tex. App.–Houston November 21, 2012).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that he had a right to file a pro se petition for discretionary review.

Appellate counsel filed an affidavit with the trial court. Based on that affidavit and the 2

attached letter from counsel, this Court finds that counsel did not properly inform Applicant that he

had a right to file a pro se petition for discretionary review. 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 First Court of Appeals in Cause No. 01-12-00029-CR

that affirmed his conviction in Cause No. 10CR3171 from the 122nd District Court of Galveston

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. Applicant’s remaining claims are dismissed. Ex

Parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: July 23, 2014 Do not publish