Priest, Ex Parte Mark Howard

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2005
• Docket: AP-75,233
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,233 EX PARTE MARK HOWARD PRIEST, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 915480-A IN THE 230TH DISTRICT COURT

FROM HARRIS 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 burglary of a habitation, and punishment was assessed at confinement for sixty years. Applicant appealed, and his conviction was affirmed. Priest v. State, No. 01-02-01352-CR (Tex. App. -- Houston [1st Dist.], delivered March 18, 2004, no pet.).

Applicant contends that he was denied an opportunity to file a petition for discretionary review because he was not timely notified that his conviction had been affirmed or that he could seek discretionary review, pro se. The record reflects that Applicant did not timely receive notice that his conviction had been affirmed.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number 915480-A from the 230th Judicial District Court of Harris 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: August 31, 2005

DO NOT PUBLISH