Sambe, Ex Parte Serigne Babacar

• Court: Court of Criminal Appeals of Texas
• Decided: September 13, 2006
• Docket: AP-75,491
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,491 EX PARTE SERIGNE SAMBE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-2001-1143-B IN THE 158TH DISTRICT COURT

FROM DENTON 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 assault and sentenced to five years' imprisonment. The Second Court of Appeals affirmed his conviction. Sambe v. State, No. 02-02-097-CR (Tex. App. - Fort Worth, delivered March 27, 2003, no pet.).

Applicant contends, inter alia, that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed. We remanded this application to the trial court for findings of fact and conclusions of law.

Appellate counsel failed to respond to a grievance against him based on this allegation, and the trial court has entered findings of fact and conclusions of law that appellate counsel failed to timely notify Applicant that his conviction 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 an out-of-time petition for discretionary review of the judgment of the Second Court of Appeals in Cause No. 02-02-097-CR that affirmed his conviction in Case No. F-2001-1143-B from the 158th Judicial District Court of Denton County, Texas. Applicant shall file his petition for discretionary review with the Second Court of Appeals within 30 days of the date on which this Court's mandate issues.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: September 13, 2006

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