Osei, Michael v. State

• Court: Court of Appeals of Texas
• Decided: September 18, 2013
• Docket: 05-04-00389-CR
• Status: Published

Opinion

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SEp 232013 Lisa Matz aX 5th District

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NOS. WR-76,669-01, WR-76,669-02 AND WR-76,669-03

EX PARTE MICHAEL ASIBEY OSEI, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W03-48341-M(A), W03-48342-M(A) AND W03-48343-M(A) 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 of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted oftwo charges

of aggravated assault of a public servant in the -01 and -02 cases, and one charge of aggravated robbery in the -03 case. Applicant was sentenced to forty years' imprisonment in each of the

aggravated assault cases, to be served consecutively with a fifty-year sentence in the aggravated

robbery case. Intwo separate opinions, theFifth Court of Appeals affirmed his convictions. Osei

v. State, Nos. 05-04-00389-CR and 05-04-00390-CR (Tex. App. - Dallas, April 22,2005) and Osei

v. State, No. 05-03-01428-CR (Tex. App. - Dallas, August 24, 2004). \

Applicant contends that his retained PDR counsel rendered ineffective assistance because

counsel failed to timely file petitions for discretionary review in all three cases. Weremanded this

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

The trial court conducted a live hearing onMarch 7, 2013, at which Applicant, his mother,

Applicant's appellate counsel and his retained PDR counsel testified. Based on the testimony and evidence presented atthe habeas hearing, the trial court has entered findings offact and conclusions

of law that PDR counsel failed to timely file petitions for discretionary review in all three cases,

thereby denying Applicant ameaningful opportunity topetitions this Court for discretionary review. The trial court recommends that relief be granted.

We find, therefore, that Applicant is entitled tothe opportunity to file out-of-time petitions for discretionary review ofthe judgments ofthe Fifth Court ofAppeals inCause Nos. 05-04-00389-

CR, 05-04-00390-CR and 05-03-01428-CR that affirmedhis convictionsin CauseNos.F03-48341-

M, F03-48342-M and F03-48343 from the 194th District Court ofDallas County. Applicant shall file his petitions for discretionary review with this Court within 30 days of the date on which this Court's mandate issues.

Delivered: September 18, 2013 Do not publish OFFICIAL BUSINESS *°-BOX12308,CAWT STATE OF TEXAS 83 AUSTIN, nXAS787n PENALTY FOR & P™tV80WES PRIVATE USE Q.U. 0002000240 S=99g3£! WR-76,669-01,WR-76,669.02&WR.76669o3 L(TSAMATr0FAPPEALS ^ERK SS HGT-S3B 75202 ,',',,"',M'',l»'f,"ll'«'«'»/'/'''||,.'|H/i...«».||«,I,»M,l