Madden, Ex Parte Charles Edward

• Court: Court of Criminal Appeals of Texas
• Decided: January 23, 2008
• Docket: AP-75,823
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,823 EX PARTE CHARLES EDWARD MADDEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 23715A-86 IN THE 86TH DISTRICT COURT

FROM KAUFMAN 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 possession with intent to deliver methamphetamine and sentenced to sixty years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Madden v. State, 05-05-01626-CR (Tex. App.--Dallas Oct. 18, 2006 no pet.).

Applicant contends that he did not receive notice that his conviction had been affirmed and was not advised of his right to petition for discretionary review pro se.

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 counsel timely sent a letter to Applicant notifying him that his conviction had been affirmed and of his right to petition for discretionary appeal pro se but that Applicant did not receive that notice. 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 Fifth Court of Appeals in Cause No. 05-05-01626-CR that affirmed his conviction in Case No. 23715A-86 from the 86th Judicial District Court of Kaufman County. Applicant shall file his petition for discretionary review with the Fifth Court of Appeals within 30 days of the date on which this Court's mandate issues.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: January 23, 2008

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