Jones, Ex Parte Daren Laterre

• Court: Court of Criminal Appeals of Texas
• Decided: November 15, 2006
• Docket: AP-75,549
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,549 EX PARTE DAREN LATERRE JONES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 0852004D IN THE 371^ST JUDICIAL DISTRICT COURT

FROM TARRANT COUNTY

Per curiam.

O P I N I O 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life imprisonment. The Tenth Court of Appeals affirmed his conviction. Jones v. State, No. 10-05-00038-CR (Tex. App. - Waco, delivered February 8, 2006, no pet.)

Applicant contends that he was denied the opportunity to petition this Court for discretionary review because appellate counsel informed him that he would file a petition on his behalf, but missed the deadline for filing a petition for discretionary review, and for filing a motion to extend the deadline. Appellate counsel filed an affidavit confirming that he missed the deadline for filing a motion for extension of time to file a petition for discretionary review by two days. Based on that affidavit, the trial court has entered findings of fact and conclusions of law recommending that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Tenth Court of Appeals in Cause No. 10-05-00038-CR that affirmed his conviction in Case No. 0852004D from the 371st Judicial District Court of Tarrant County, Texas. Applicant shall file his petition for discretionary review with the Tenth Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: November 15, 2006

Do not publish