Miller, Ex Parte Lornell L.

• Court: Court of Criminal Appeals of Texas
• Decided: May 18, 2005
• Docket: AP-75,170
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,170 EX PARTE LORNELL L. MILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER F94-39802-QJ IN THE CRIMINAL DISTRICT COURT NO. 3

DALLAS 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 Article 11.07, Texas Code of Criminal Procedure. Applicant was convicted of the felony offense of murder, and punishment was assessed at confinement for fifty years. Applicant appealed, and his conviction was affirmed. Miller v. State, No. 04-95-00327-CR (Tex. App. -- San Antonio, delivered March 5, 1997, no pet.).

Applicant contends that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely notify him that his conviction had been affirmed or that he could seek discretionary review pro se. The trial court, based upon the record, recommended that relief be granted. The record supports that recommendation.

Accordingly, habeas corpus relief is granted, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number F94-39802-QJ from the Criminal District Court No. 3 of Dallas 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: May 18, 2005

DO NOT PUBLISH