Karnes, Ex Parte Larry

• Court: Court of Criminal Appeals of Texas
• Decided: June 18, 2008
• Docket: AP-75,941
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,941

EX PARTE LARRY KARNES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 0820643D IN THE CRIMINAL DISTRICT COURT NUMBER ONE FROM TARRANT COUNTY

Per curiam.

OPINION

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 robbery causing

bodily injury and sentenced to fifty-five years’ imprisonment. The Second Court of Appeals

affirmed his conviction. Karnes v. State, 127 S.W.3d 184 (Tex. App.–Ft. Worth, 2003). Applicant

contends that his appellate counsel rendered ineffective assistance because counsel failed to file a

timely petition for discretionary review after advising Applicant that he would do so. Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court

has entered findings of fact and conclusions of law that appellate counsel failed to file a petition for

discretionary review after advising Applicant that he would do so. The trial court recommends 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 Second Court of Appeals in Cause No. 02-02-223-CR that affirmed his conviction

in Case No. 0820643D from the Criminal District Court Number One of Tarrant County, Texas.

Applicant shall file his petition for discretionary review with the Second Court of Appeals within

30 days of the date on which this Court’s mandate issues.

Applicant’s remaining claims are dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim.

App. 1997).

Delivered: June 18, 2008

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