Tillman, Ex Parte Mark Randall

Court of Criminal Appeals of Texas

Tillman, Ex Parte Mark Randall

DecidedDecember 19, 2007

DocketAP-75,808

StatusPublished

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,808 EX PARTE MARK RANDALL TILLMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 5040095 IN THE 403rd DISTRICT COURT

FROM TRAVIS 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 twenty five years' imprisonment. The Third Court of Appeals affirmed his conviction. Tillman v. State, No. 03-05-00038-CR (Tex. App.-Austin, delivered July 7, 2006, no pet.).

Applicant contends that he is entitled to an out-of-time petition for discretionary review. Specifically, he contends that he was not given timely notice that his conviction had been affirmed and that he had the right to pursue a petition for discretionary review pro se.

The trial court has entered findings of fact and conclusions of law that Applicant was not timely notified that his conviction had been affirmed and that he had the right to pursue a petition for discretionary review pro se. The trial court recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). 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 Third Court of Appeals in Cause No. 03-05-00038-CR that affirmed his conviction in Case No. 5040095 from the 403rd Judicial District Court of Travis County. Applicant shall file his petition for discretionary review with the Third Court of Appeals within 30 days of the date on which this Court's mandate issues.

Applicant's remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: December 19, 2007

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,808 EX PARTE MARK RANDALL TILLMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 5040095 IN THE 403rd DISTRICT COURT

FROM TRAVIS 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 twenty five years' imprisonment. The Third Court of Appeals affirmed his conviction. Tillman v. State, No. 03-05-00038-CR (Tex. App.-Austin, delivered July 7, 2006, no pet.).

Applicant contends that he is entitled to an out-of-time petition for discretionary review. Specifically, he contends that he was not given timely notice that his conviction had been affirmed and that he had the right to pursue a petition for discretionary review pro se.

The trial court has entered findings of fact and conclusions of law that Applicant was not timely notified that his conviction had been affirmed and that he had the right to pursue a petition for discretionary review pro se. The trial court recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). 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 Third Court of Appeals in Cause No. 03-05-00038-CR that affirmed his conviction in Case No. 5040095 from the 403rd Judicial District Court of Travis County. Applicant shall file his petition for discretionary review with the Third Court of Appeals within 30 days of the date on which this Court's mandate issues.

Applicant's remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: December 19, 2007

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