Ward, Ex Parte Danny Lee

• Court: Court of Criminal Appeals of Texas
• Decided: September 15, 2010
• Docket: AP-76,411
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,411

EX PARTE DANNY LEE WARD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20297-C IN THE 251 ST DISTRICT COURT FROM RANDALL 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 one count of

robbery, sentenced to seventeen years’ imprisonment, and one count of aggravated robbery,

sentenced to twenty-three years’ imprisonment. The Seventh Court of Appeals affirmed his

conviction. Ward v. State, No. 07-09-0116-CR (Tex. App.–Amarillo, March 31, 2010).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his conviction had been affirmed. 2

Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the State

does not oppose granting relief. Applicant is entitled to relief. 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 Seventh Court of Appeals in

Cause No. 07-09-0116-CR that affirmed his conviction in Case No. 20297-C from the 251st Judicial

District Court of Randall County. Applicant shall file his petition for discretionary review with the

Seventh Court of Appeals within 30 days of the date on which this Court’s mandate issues.

Delivered: September 15, 2010 Do not publish