Halk, Guisepp J.

• Court: Court of Criminal Appeals of Texas
• Decided: November 15, 2006
• Docket: WR-65,857-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,857-01 EX PARTE GUISEPP J. HALK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 748342-A IN THE 248^TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

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 engaging in organized criminal activity and sentenced to thirty-five years' imprisonment. The First Court of Appeals affirmed his conviction. Halk v. State, No. 01-97-00560-CR (Tex. App.-Houston [1^st Dist.], delivered July 15, 1999, no pet.).

Applicant contends, among other things, that appellate counsel was ineffective because he failed to file a petition for discretionary review. Finding that appellate counsel had not informed Applicant of his right to file a pro se petition for discretionary review, the trial court recommended granting Applicant an out-of-time petition for discretionary review. We disagree. We do not believe that Applicant has demonstrated that he would have filed a pro se petition for discretionary review after his conviction had been affirmed in 1999. See Ex parte Crow, 180 S.W.3d 135, 138 (Tex. Crim. App. 2005). Nor do we believe that Applicant's claim is credible in light of the approximately seven years he waited before raising it in the present habeas application. See Ex parte Young, 479 S.W.2d 45, 46 (Tex. Crim. App. 1972). Accordingly, relief is denied.

Filed: November 15, 2006

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