Smith, Ex Parte Michael Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: August 22, 2007
• Docket: AP-75,747
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,747 EX PARTE MICHAEL LYNN SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 645114 IN THE 185^TH JUDICIAL 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 a 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 Fourteenth Court of Appeals affirmed his conviction. Smith v. Texas, No. 14-96-00862-CR (Tex. App.-Houston [14^th Dist.], January 15, 1998, pet. dism'd).

Applicant contends that he was denied the opportunity to file a petition for discretionary review because he was not timely notified of this Court's decision on November 15, 2006, granting him an out-of-time petition for discretionary review. We find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Fourteenth Court of Appeals in Cause No. 14-96-00862-CR that affirmed his conviction in Case No. 645114 from the 185^th Judicial District Court of Harris County. Applicant shall file his petition for discretionary review with the Fourteenth Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: August 22, 2007

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