Soriano Angel Dominguez v. State

• Court: Court of Appeals of Texas
• Decided: August 24, 2016
• Docket: 06-13-00164-CR
• Status: Published

Opinion

lN THE COURT OF CR|M|NAL APPEALS OF TEXAS `

NO. WR-82,113-03

EX PARTE SORIANO ANGEL DOMINGUEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W1211228-Y IN THE CRIMINAL DISTRICT COURT N(). 7 FROM DALLAS COUNTY

Per curiam. 0 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.Zd 824, 826 (Tex. Crim. App. 1967). Applicant Was convicted of aggravated assault with a deadly weapon and sentenced to fifteen years’ imprisonment The Sixth Court of Appeals affirmed his conviction. Dominguez v. State, No. 06-13-00164-CR(Tex. App.-Texarkana May 8, 2014) (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

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.Zd 25 (Tex. Crim. App. 19,97).

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 Sixth Court of Appeals in Cause No. 06-13-00164- CR that affirmed his conviction in Cause No. F-1211228-Y from the Criminal District Court No. 7 of Dallas County. Applicant shall file his petition for discretionary review with this Court within 30 days of the date on which this Court’s mandate issues.

Delivered: August 24, 2016 Do not publish