Johnson, Ex Parte Carl Paul

• Court: Court of Criminal Appeals of Texas
• Decided: September 15, 2004
• Docket: AP-75,011
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. 75,011 & 75,012 EX PARTE CARL PAUL JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM TARRANT COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant pleaded guilty to capital murder and attempted capital murder and was sentenced to life in prison for each offense. Applicant filed pro se notice of appeal in each cause but the appeals were dismissed. Johnson v. State, Nos. 02-00-00271, 272-CR (Tex. App. -- Fort Worth, delivered October 5, 2000).

Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely notify him of the result of his appeal or that he could seek discretionary review, pro se. The trial court found that Applicant was denied the opportunity to file a timely petition for discretionary review, and recommended that he be afforded the opportunity to do so.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file out-of-time petitions for discretionary review from his convictions in cause numbers 0760746-A and 0759642-A from Criminal District Court Three of Tarrant County. Applicant is ordered returned to the point at which he can file a meaningful petition for discretionary review. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision 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 petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.

DELIVERED: September 15, 2004

DO NOT PUBLISH