Johnny Ray Muldrow v. State

Opinion

lN THE COURT OF CR|M|NAL APPEALS OF TEXAS

NO. WR-83,804-01

EX PARTE JoHNNY RAY MULDRoW, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 25549 IN THE 6TH DISTRICT COURT FROM LAMAR COUNTY

Per curiam. 0 P I N I 0 N

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.Zd 824, 826 (Tex. Crim. App. 1967). Applicant Was convicted ofpossession ofa controlled substance and sentenced to fifty years’ imprisonment The Sixth Court of Appeals l affirmed his conviction. Muldrow v. State, No. 06-14-00103-CR ('l`ex. App._Texarkana Dec. 16, 2014).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his conviction had been affirmed Counsel sent Applicant a

letter informing him of the appellate opinion, but the letter was written after the time to file a petition for discretionary review had passed. Ex parte Wilson, 956 S.W.Zd 25 (Tex. Crim. App. 1997). We find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Sixth Court of Appeals in Cause No. 06-14-00103-CR that affirmed his conviction in Cause No. 25549 from the 6th District Court of Lamar 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.

Delivered: September 23, 2015 Do not publish

» l' lLl':, L`Ul’\'

l sHARON KELLER ABEL ACosTA MEDINGJUDGE COURT oF CRIMINAL APPEALS (512¢)5§§§551 LAWRENCE E MEYERS P.O. BOX 12308, CAPITOL STATION CHERYL JoHi'\isoN AUSTIN» TEXAS 78711 slAN scHiLHAB Mii

BARBARA P. HERVEY ' (512) 463-1597 ELSA ALCALA - BERT RlCHARDSON KEVlN P. YEARY DAVlD NEWELL JUDGES

Wednesday, September 23, 2015

JOHNNY RAY MULDROW ’ Stiles Unit - TDC # 1934318 ' 3060 FM 3514

Beaumont, TX 77705

Re! MULDROW, JOHNNY RAY CCA NO. WR-83,804-Ol COA NO. 06-14-00103-CR _ Trial Court Case No. 25549 HC-l v

The court has issued an opinion on the above referenced cause number.

Sincerely, \§` Abel A\c'osta, Clerk

cc: 6th Court Of Appeals Clerk (DELIVERED VlA E-MAIL) District Attorney Lamar County (DELIVERED VIA E-MAIL) District Clerk Lamar County (DELIVERED VIA E-MAIL)

SUPREME COURT BUILD'ING, 201 WEST 14TH STREET, RooM 106, AusTIN, TEXAS 78701 WEBsiTE www`rxcouRTs.Gov/CCA.ASPX