Miller, Ex Parte Zedric

Court of Criminal Appeals of Texas

Miller, Ex Parte Zedric

DecidedMarch 10, 2004

DocketAP-74,909

StatusPublished

This text of Miller, Ex Parte Zedric (Miller, Ex Parte Zedric) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller, Ex Parte Zedric, (Tex. 2004).

Pincite

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,909 EX PARTE ZEDRIC MILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM SMITH 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 assault, and punishment was assessed at twenty years imprisonment. Applicant appealed, and his conviction was affirmed. Miller v. State, No. 12-98-00068-CR (Tex. App. -- Tyler, delivered July 30, 1999, 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. The trial court, based upon information from appellate counsel, recommended that relief be granted. The trial court found that there was no evidence that counsel timely informed the Applicant that his conviction had been affirmed or that he could file a petition for discretionary review from his conviction.

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 114-81336-97 from the 114th Judicial District Court of Smith 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:

DO NOT PUBLISH

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,909 EX PARTE ZEDRIC MILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM SMITH 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 assault, and punishment was assessed at twenty years imprisonment. Applicant appealed, and his conviction was affirmed. Miller v. State, No. 12-98-00068-CR (Tex. App. -- Tyler, delivered July 30, 1999, 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. The trial court, based upon information from appellate counsel, recommended that relief be granted. The trial court found that there was no evidence that counsel timely informed the Applicant that his conviction had been affirmed or that he could file a petition for discretionary review from his conviction.

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 114-81336-97 from the 114th Judicial District Court of Smith 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:

DO NOT PUBLISH

Cite This Page — Counsel Stack

Bluebook (online)

Miller, Ex Parte Zedric, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-ex-parte-zedric-texcrimapp-2004.