Urias, Ex Parte Soilo Exquivel, Iii

Court of Criminal Appeals of Texas

Urias, Ex Parte Soilo Exquivel, Iii

DecidedSeptember 20, 2006

DocketAP-75,506

StatusPublished

This text of Urias, Ex Parte Soilo Exquivel, Iii (Urias, Ex Parte Soilo Exquivel, Iii) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Urias, Ex Parte Soilo Exquivel, Iii, (Tex. 2006).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,506 EX PARTE SOILO ESQUIVEL URIAS, III, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-5-20, 143-D-1 IN THE 377^TH DISTRICT COURT

VICTORIA 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 aggravated sexual assault of a child and sentenced to confinement for life. Applicant's conviction was affirmed on appeal. Urias v. State, No. 13-03-00718-CR (Tex. App.--Corpus Christi, delivered June 30, 2005, 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 his conviction had been affirmed or that he could seek discretionary review, pro se. The trial court, based upon an affidavit from appellate counsel, recommended that relief be granted. The record reflects that counsel did not 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 03-5-20, 143-D-1 from the 377th Judicial District Court of Victoria 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: SEPTEMBER 20, 2006

DO NOT PUBLISH

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,506 EX PARTE SOILO ESQUIVEL URIAS, III, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-5-20, 143-D-1 IN THE 377^TH DISTRICT COURT

VICTORIA 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 aggravated sexual assault of a child and sentenced to confinement for life. Applicant's conviction was affirmed on appeal. Urias v. State, No. 13-03-00718-CR (Tex. App.--Corpus Christi, delivered June 30, 2005, 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 his conviction had been affirmed or that he could seek discretionary review, pro se. The trial court, based upon an affidavit from appellate counsel, recommended that relief be granted. The record reflects that counsel did not 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 03-5-20, 143-D-1 from the 377th Judicial District Court of Victoria 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: SEPTEMBER 20, 2006

DO NOT PUBLISH

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