Larmond, Mark Anthony v. Texas, the State Of
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Opinion
RECEIVED IN RWRTOF APPEALS. 5th DTST. MAR Ql 1999 USA ROMBOK CLERK, 5th DISTRICT
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. 73,096
EX PARTE MARK ANTHONY LARMOND, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM DALLAS COUNTY
The opinion was delivered per curiam. PRICE, HOLLAND, WOMACK, and JOHNSON, JJ., dissent.
OPINION
This is a postconviction application for writ ofhabeas corpus forwarded to this Court pursuant to Code of Criminal Procedure article 11.07. Applicant was convicted of murder and sentenced to 99 years in prison. This conviction was affirmed. Larmond v. State, No. 05-91-00130-CR (Tex. App.-Dallas, December 30, 1991)(not designated for publication).
Applicant contends that he received ineffective assistance ofcounsel on appeal because his lawyer failed to inform him that the conviction had been affirmed until over
two years after the mandate from the Court of Appeals had issued. He claims that, as a
result of this delay, he was deprived of his right to file a petition for discretionary review.
Counsel filed an affidavit in which he swore that, thirty days after the court of
appeals affirmed the conviction, he sent applicant a copy of the court of appeals' opinion.
Counsel attached a copy of the letter to the affidavit. The district court found the
statements in counsel's affidavit to be true and recommended that relief be denied.
We find that the record supports the trial court's recommendation. Applicant has
not established that he is entitled to relief.
Relief is denied.
PER CURIAM
Habeas Corpus Relief Denied. DATE DELIVERED: February 24, 1999 DO NOT PUBLISH
Price, Holland, Womack, andJohnson, JJ., dissent. IJJ v)A7y>^^^v 5fr' || USPOSTAGE IffiSJ |; FEB 25*99 *'$ —•CO 50 E6 1 flCDC 'PB.Mt'f" J*/" Court of Criminal &ppeal* |Box 12308 LISA ROMBOK Capitol Station CLERK 5TH COURT OF APPEALS COURTHOUSE 600 COMMERCE 2ND FLOOR 73,096 l ».7 t 1 9 *) >• £ IJV-sJ & u Z- 'J H %,',W.T.o;rW,v^
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