Simeon, Ex Parte Harold

• Court: Court of Criminal Appeals of Texas
• Decided: October 3, 2007
• Docket: AP-75,774
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,774 EX PARTE HAROLD SIMEON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 926711-A IN THE 399TH DISTRICT COURT

FROM HARRIS 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 murder and sentenced to life imprisonment. The First Court of Appeals affirmed his conviction. Simeon v. State, No. 01-02-01191-CR, (Tex. App- Houston [First Dist.] 2004, no pet.) (Not designated for publication).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed and that he had a right to file a pro se petition for discretionary review.

The trial court has entered findings of fact and conclusions of law that Applicant was not notified of his right to file a pro se petition for discretionary review. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). 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 First Court of Appeals in Cause No. 01-02-01191-CR that affirmed his conviction in Case No. 926711-A from the 339th Judicial District Court of Harris County. Applicant shall file his petition for discretionary review with the First Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: October 3, 2007

Do not publish