Sanders, Ex Parte Michael Tremal

• Court: Court of Criminal Appeals of Texas
• Decided: February 14, 2007
• Docket: AP-75,613
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,612; AP-75,613; AP-75,614 EX PARTE MICHAEL TREMAL SANDERS, Applicant

ON APPLICATIONS FOR WRIT OF HABEAS CORPUS

CAUSE NOS. 20576 HC-1, 20577 HC-1, 20591-HC-1

IN THE 6TH DISTRICT COURT FROM LAMAR 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 three counts of harassment by an inmate and sentenced to fifteen years' imprisonment, consecutive to a prior conviction. The Sixth Court of Appeals affirmed his convictions. Sanders v. State, Nos. 06-05-104 to 106-CR (Tex. App. - Texarkana, delivered January 5, 2006, no pet.).

Applicant contends 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. The trial court has entered findings of fact and conclusions of law that appellate counsel timely mailed notice to Applicant that his conviction had been affirmed, but that Applicant did not receive that notice. The trial court recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). We find, therefore, that Applicant is entitled to the opportunity to file out-of-time petitions for discretionary review of the judgments of the Sixth Court of Appeals in Cause Nos. 06-05-104 to 106-CR that affirmed his convictions in Case Nos. 20576, 20577, and 20591 from the 6th Judicial District Court of Lamar County. Applicant shall file his petitions for discretionary review with the Sixth Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: February 14, 2007

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