Taylor, Ex Parte Gene Auther

• Court: Court of Criminal Appeals of Texas
• Decided: October 19, 2005
• Docket: AP-75,270
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,270 EX PARTE GENE AUTHER TAYLOR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 73811-A IN THE 263RD JUDICIAL DISTRICT COURT

OF HARRIS COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offense of Capital Murder, and punishment was assessed at life imprisonment. Applicant appealed, and his conviction was affirmed. Taylor v. State, No. 14-97-01325-CR (Tex. App. -- Houston [14th Dist.]1999, no pet.).

Applicant contends that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely notify him that he could seek discretionary review, pro se. The record reflects that counsel did not timely inform Applicant that he could file a petition for discretionary review from his conviction.

Habeas corpus relief is granted and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number 738114-A from the 263rd Judicial District Court of Harris County. Applicant is ordered returned to the point at which he can file a meaningful petition for discretionary review. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision had been rendered on the day the mandate of this Court issues. We hold that should Applicant desire to seek discretionary review, he must take affirmative steps to see that his petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.DELIVERED: October 19, 2005

DO NOT PUBLISH