Mann, Ex Parte Henry Charles

• Court: Court of Criminal Appeals of Texas
• Decided: February 2, 2011
• Docket: AP-76,486
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,486 EX PARTE HENRY CHARLES MANN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2001-436,193 IN THE 140th DISTRICT COURT

FROM LUBBOCK 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. ⁽¹⁾ Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unlawful restraint and sentenced to forty years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Mann v. State, No. 07-01-0231-CR (Tex. App.-Amarillo, delivered August 5, 2002, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed.

The trial court has entered findings of fact and conclusions of law that, while appellate counsel attempted to timely notify Applicant that his conviction had been affirmed, prison mail room records reflect that no notice was ever received. 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 Seventh Court of Appeals in Cause No. 07-01-0231-CR that affirmed his conviction in Case No. 2001-436,193 from the 140th Judicial District Court of Lubbock County. Applicant shall file his petition for discretionary review with the Seventh Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: February 2, 2011

Do not publish

1. This application was filed with the district clerk on July 30, 2004. However, it was not received by this Court until January 7, 2011. The habeas record does not reflect the reason for this delay.