Ruffins, Ex Parte Timothy Lopez

• Court: Court of Criminal Appeals of Texas
• Decided: August 22, 2007
• Docket: AP-75,744
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,744 EX PARTE TIMOTHY LOPEZ RUFFINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W296-80091-03(HC) IN THE 296TH DISTRICT COURT

FROM COLLIN 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 this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to twenty-five years' imprisonment. The 5^th Court of Appeals affirmed his conviction. Ruffins v. State, No. 05-03-1448-CR (Tex. App. - Dallas, delivered June 23, 2004, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction 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 he could file a pro se petition for discretionary review. 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 an out-of-time petition for discretionary review of the judgment of the 5^th Court of Appeals in Cause No. 05-03-1448-CR that affirmed his conviction in Case No. 296-80091-03 from the 296th Judicial District Court of Collin County. Applicant shall file his petition for discretionary review with the 5^th Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: August 22, 2007

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