Oliver, Claude Jerome v. State

• Court: Court of Appeals of Texas
• Decided: August 21, 2013
• Docket: 05-09-00134-CR
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-78,032-01

EX PARTE CLAUDE JEROME OLIVER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-07-55378-M IN THE 194th DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk ofthe trial court transmitted to this Court this application for a writ of habeas corpus. Exparte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

robbery and sentenced to forty-five years' imprisonment. The Fifth Court of Appeals affirmed his

conviction. Oliver v. State, 05-09-00134-CR (Tex. App.—Dallas Jim. 11, 2010) (unpublished).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

did not timely notify Applicant that his conviction had been affirmed. We remanded this application

to the trial court for findings of fact and conclusions of law.

The trial court has entered findings of fact and conclusions of law that the appellate court did 2

not timely notify appellate counsel that the conviction had been affirmed. The trial court

recommends that relief be granted.

We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition

for discretionaryreviewof thejudgment ofthe Fifth CourtofAppealsin CauseNo. 05-09-00134-CR

that affirmed his conviction in Cause No. F-07-55378-M from the 194th District Court of Dallas

County. Applicant shall file his petition for discretionary reviewwith this Court within 30 days of

the date on which this Court's mandate issues.

Delivered: August 21, 2013 Do not publish •9

OFFICIAL BUSINESS STATE OF TEXAS g§ O "F*V '"•••••' PITNCV BOWES PENALTY FOR Eg 02 1R $ 00-384 PRIVATE USE 0002003152 AUG21 2013 P.O. BOX 12308, CAPITOL STATION Q.U. MAILED FROM ZIP CODE 78 701 AUSTIN, TEXAS 78711

WR-78,032-01

5TH COURT OF APPEALS CLERK LISA MATZ 600 COMMERCE 2ND FLOOR DALLAS TX 75202

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