Queen, Ex Parte Larry Richard

• Court: Court of Criminal Appeals of Texas
• Decided: March 8, 2006
• Docket: AP-74,219
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,219 EX PARTE LARRY RICHARD QUEEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM BRAZORIA COUNTY

Per curiam.

OPINION ON STATE'S MOTION FOR REHEARING

Applicant was convicted of the offense of indecency with a child, and punishment was assessed at two years of confinement. No direct appeal was filed. Applicant subsequently filed this application for a writ of habeas corpus pursuant to Tex. Code Crim. Proc. art. 11.07, contending that he was denied his right to a meaningful appeal when his counsel failed to timely file notice of appeal after being requested to do so. We granted relief after noting that the trial court had entered findings of fact and conclusions of law that counsel rendered ineffective assistance on appeal.

The State then filed a motion for rehearing, indicating that the trial court had entered a previous set of findings and conclusions that counsel rendered effective assistance of counsel. The State sought an abatement of the cause and a remand to the trial court for a third set of findings. We granted the State's motion for rehearing.

We find that our decision to grant rehearing was improvident, and we dismiss the State's Motion for Rehearing.

Applicant has, furthermore, now discharged his sentence. Should he nevertheless wish to appeal, notice of appeal must be given within thirty days after the mandate of this Court has issued.

DELIVERED: March 8, 2006

DO NOT PUBLISH