Jones, Cris Eugene

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-77,592-01

EX PARTE CRIS EUGENE JONES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 00-02228-V

IN THE 292^ND JUDICIAL DISTRICT COURT OF DALLAS 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 aggravated sexual assault of a child and was sentenced to eighteen years' imprisonment. The Fifth Court of Appeals upheld his conviction. Jones v. State, No. 05-02-00228-CR (Tex. App.-Dallas, December 17, 2002).

Applicant contends that he is entitled to an out-of-time petition for discretionary review. On April 13, 2012, the trial court signed findings of fact and conclusions of law. The trial court found that Applicant's appellate counsel timely and properly informed Applicant of his right to file a pro se petition for discretionary review and that Applicant provided no specific evidence of a learning disability. Even with these findings, the trial court recommends that this Court grant Applicant an out-of-time petition for discretionary review. We disagree.

Based on this Court's independent review of the entire record, we deny relief.

Filed: May 16, 2012

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