Hill, Ex Parte Virgil Leroy A/K/A Drawhorn, Virgil Leroy

Court of Criminal Appeals of Texas

Hill, Ex Parte Virgil Leroy A/K/A Drawhorn, Virgil Leroy

DecidedFebruary 15, 2006

DocketAP-75,341

StatusPublished

This text of Hill, Ex Parte Virgil Leroy A/K/A Drawhorn, Virgil Leroy (Hill, Ex Parte Virgil Leroy A/K/A Drawhorn, Virgil Leroy) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hill, Ex Parte Virgil Leroy A/K/A Drawhorn, Virgil Leroy, (Tex. 2006).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,340; AP-75,341; AP-75,342; AP-75,343 EX PARTE VIRGIL LEROY HILL, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 00-204, 00-205, 00-206, 00-207 IN THE 235^th JUDICIAL DISTRICT COURT OF COOKE 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 four separate aggravated sexual assault offenses, and the punishment was assessed at imprisonment for life in each cause. Applicant appealed, and his convictions were affirmed. Hill v. State, No. 2-01-265, 266, 267, 268-CR (Tex. App. -- Fort Worth, delivered March 21, 2002, 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, has entered findings of fact that counsel failed to notify Applicant that he could seek discretionary review, pro se.

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 00-204, 00-205, 00-206, 00-207 from the 235th Judicial District Court of Cooke County. Applicant is ordered returned to the point at which he can file a 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' decisions 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: February 15, 2006

DO NOT PUBLISH

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,340; AP-75,341; AP-75,342; AP-75,343 EX PARTE VIRGIL LEROY HILL, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 00-204, 00-205, 00-206, 00-207 IN THE 235^th JUDICIAL DISTRICT COURT OF COOKE 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 four separate aggravated sexual assault offenses, and the punishment was assessed at imprisonment for life in each cause. Applicant appealed, and his convictions were affirmed. Hill v. State, No. 2-01-265, 266, 267, 268-CR (Tex. App. -- Fort Worth, delivered March 21, 2002, 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, has entered findings of fact that counsel failed to notify Applicant that he could seek discretionary review, pro se.

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 00-204, 00-205, 00-206, 00-207 from the 235th Judicial District Court of Cooke County. Applicant is ordered returned to the point at which he can file a 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' decisions 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: February 15, 2006

DO NOT PUBLISH

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