Hill, Ex Parte Charles Walter Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2005
• Docket: AP-75,229
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,229 EX PARTE CHARLES WALTER HILL, JR., Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 0593946D IN THE 371ST JUDICIAL

DISTRICT COURT TARRANT COUNTY

Per Curiam.

O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the first degree felony offense of aggravated robbery with a deadly weapon. Applicant was sentenced to confinement for a period of thirty-six years. His conviction was affirmed by the Second Court of Appeals in an unpublished opinion on August 21, 1998. Hill v. State, No. 02-97-704-CR (Tex. App. -- Fort Worth 1998, no pet.).

Applicant contends, inter alia, that his appellate counsel rendered ineffective assistance because he failed to inform him of the court of appeals' decision affirming his conviction and of his right to file a pro se petition for discretionary review.

Based on an affidavit filed by Applicant's appellate counsel, the trial court has determined that appellate counsel failed to inform the Applicant of his right to file a pro se petition for discretionary review. As a result, the court determined that counsel rendered ineffective assistance. After a review of the record, we find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review due to the ineffective assistance of his appellate counsel. Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997). Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 02-97-704-CR affirming his conviction in cause number 0593946D from the 371st Judicial District Court of Tarrant County, Texas. Applicant shall file his petition for discretionary review with the Court of Appeals within thirty days of the issuance of this Court's mandate. Applicant's remaining ground for relief is dismissed.

DELIVERED: August 31, 2005

DO NOT PUBLISH

Cochran, J., dissenting.