Tottenham, Ex Parte Willie Cleven

• Court: Court of Criminal Appeals of Texas
• Decided: January 31, 2007
• Docket: AP-75,598
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,598 EX PARTE WILLIE CLEVEN TOTTENHAM, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 910273-A IN THE 184 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault on a public servant and sentenced to sixty years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Tottenham v. State, No. 14-04-00143-CR (Tex. App.-Houston [14^th Dist.], delivered August 25, 2005, no pet.)..

Applicant contends that he was deprived of his opportunity to file a petition for discretionary review due to the ineffective assistance of his counsel.

Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and conclusions of law that Applicant was deprived of his opportunity to file a petition for discretionary review due to the ineffective assistance of his counsel. 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 14th Court of Appeals in Cause No. 14-04-00143-CR that affirmed his conviction in Case No. 910273 from the 184th Judicial District Court of Harris County. Applicant shall file his petition for discretionary review with the 14th Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: January 31, 2007

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