Kay, Ex Parte Lisa Rene

• Court: Court of Criminal Appeals of Texas
• Decided: January 26, 2005
• Docket: AP-75,077
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,077 EX PARTE LISA RENE KAY, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 9415565-A IN THE 230^TH JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offense of murder, and punishment was assessed at fifty years imprisonment. Applicant appealed, and her conviction was affirmed. Kay v. State, No. 01-95-00380-CR (Tex. App. - Houston [1^st Dist.], delivered July 18, 1996, no pet.).

Applicant contends, inter alia, that she was denied an opportunity to file a petition for discretionary review because her appellate attorney did not timely notify her that her conviction had been affirmed or that she could seek discretionary review pro se. The trial court, based upon an affidavit from appellate counsel, recommended that relief be granted. The record reflects that Applicant did not receive timely notification that her conviction had been affirmed or that she could file a petition for discretionary review from her conviction.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from her conviction in cause number 9415565 from the 230^th Judicial District Court of Harris County. Applicant is ordered returned to the point at which she 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, she must take affirmative steps to see that her petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997). Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions, and Parole Divisions.

DELIVERED: January 26, 2005

DO NOT PUBLISH