King, Ex Parte Carl Dean

• Court: Court of Criminal Appeals of Texas
• Decided: August 9, 2006
• Docket: AP-75,480
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,480 EX PARTE CARL DEAN KING, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 20,089 IN THE 196^th JUDICIAL DISTRICT COURT

HUNT 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 was convicted of the felony offense of aggravated sexual assault, and punishment was assessed at imprisonment for life. Applicant appealed, and his conviction was affirmed. King v. State, No. 06-01-00147-CR (Tex. App. -- Texarkana, delivered October 17, 2002, no pet.).

Applicant contends that he was denied an opportunity to file a pro se petition for discretionary review because he was not timely notified that he could seek discretionary review on his own. The trial court, based upon the record, recommends that relief be granted. The record reflects that Applicant was not timely informed that he could file a pro se petition for discretionary review from his conviction.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number 20,089 from the 196th Judicial District Court of Hunt 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: August 9, 2006

DO NOT PUBLISH