Sides, Ex Parte Thomas Ray

• Court: Court of Criminal Appeals of Texas
• Decided: September 12, 2007
• Docket: AP-75,754
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,754 EX PARTE THOMAS RAY SIDES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. F04-48562-P IN THE 203^RD DISTRICT COURT

FROM DALLAS 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of evading arrest and assault on a public servant. He was sentenced to twenty-five years' imprisonment for each conviction. The Fifth Court of Appeals affirmed his convictions. Sides v. State, Nos. 05-05-01093-CR & 05-05-01098-CR (Tex. App.-Dallas, delivered June 6, 2006, no pet.).

Applicant contends, among other things, that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his convictions had been affirmed and failed to advise him of his right to petition for discretionary review pro se.

The trial court entered findings of fact and conclusions of law and recommended 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 Fifth Court of Appeals in Cause Nos. 05-05-01093-CR and 05-05-01098-CR that affirmed his convictions in Case Nos. F04-48560-P and F04-48562-P from the 203^rd Judicial District Court of Dallas County. Applicant shall file his petitions for discretionary review with the Fifth Court of Appeals within 30 days of the date on which this Court's mandate issues.

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

Delivered: September 12, 2007

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