Tyler, Ex Parte Travis

• Court: Court of Criminal Appeals of Texas
• Decided: September 27, 2006
• Docket: AP-75,511
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,511 EX PARTE TRAVIS TYLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. B-95-2057-0-CR-B-1 IN THE 156^TH DISTRICT COURT

FROM BEE 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and attempted murder. He was sentenced to ninety-nine years' imprisonment for the murder count and placed on probation for ten years for the attempted murder count. The Thirteenth Court of Appeals affirmed his convictions. Tyler v. State, No. 13-95-00531-CR (Tex. App.-Corpus Christi, delivered August 14, 1997, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to advise him of his right to file petition for discretionary review pro se. We remanded this application to the trial court for findings of fact and conclusions of law.

Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court found that there was no evidence that appellate counsel advised Applicant of his right to petition for discretionary review pro se. We find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Thirteenth Court of Appeals in Cause No. 13-95-00531-CR that affirmed his murder conviction in Case No. B-95-2057-0-CR-B-1 from the 156^th Judicial District Court of Bee County, Texas. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). Applicant shall file his petition for discretionary review with the Thirteenth 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: September 27, 2006

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