Teel, Ex Parte Warren

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,685

EX PARTE WARREN TEEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1112059D IN THE 396 TH DISTRICT COURT FROM TARRANT COUNTY

Per curiam.

OPINION

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 aggravated

robbery with a deadly weapon and sentenced to fifty years’ imprisonment. The Second Court of

Appeals affirmed his conviction. Teel v. State, No. 02-09-00150-CR (Tex. App.–Fort Worth Nov.

24, 2010) (unpublished).

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 was denied 2

discretionary review.

Appellate counsel filed an affidavit and exhibits with the trial court and prison authorities

submitted mail logs for the relevant period of time following the appellate court’s decision. The trial

court found that Applicant never received appellate counsel’s letter informing him of the appellate

decision and his right to pursue discretionary review. The trial court recommends that relief be

granted. Ex parte Riley, 193 S.W.3d 900, 902 (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 Second Court of Appeals in Cause No. 02-09-00150-CR that affirmed his conviction

in Case No. 1112059D from the 396th Judicial District Court of Tarrant 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Delivered: November 9, 2011 Do not publish