Rodriguez, Ex Parte Miguel Salas

• Court: Court of Criminal Appeals of Texas
• Decided: March 21, 2007
• Docket: AP-75,643
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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AP-75,643, AP-75,644 & AP-75,645

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EX PARTE MIGUEL SALAS RODRIGUEZ, Applicant

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ON APPLICATIONS FOR WRIT OF HABEAS CORPUS

CAUSE NOS. 2001-029B, 2001-030B, & 2001-031B IN THE 274TH

DISTRICT COURT OF CALDWELL COUNTY

Per curiam.

O P I N I O N

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder, aggravated assault, and delivery of less than one gram of cocaine and sentenced to life and twenty years' imprisonment. The Third Court of Appeals affirmed these convictions. Rodriguez v. State, Nos. 03-02-240-CR, 03-02-241-CR, and 03-02-242-CR (Tex. App. - Austin, delivered March 27, 2003, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his convictions had been affirmed. Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and conclusions of law that appellate counsel failed to timely notify Applicant that his convictions had been affirmed. The trial court recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). We find, therefore, that Applicant is entitled to the opportunity to file out-of-time petitions for discretionary review of the judgments of the Third Court of Appeals in Cause Nos. 03-02-240-CR, 03-02-241-CR, 03-02-242-CR, that affirmed his convictions in Case Nos. 2001-029, 2001-030, and 2001-031 from the 274th Judicial District Court of Caldwell County. Applicant shall file his petitions for discretionary review with the Third Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: March 21, 2007

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