Summerville, Ex Parte Rodney Dale

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NOS. AP-75,570; AP-75,571; AP-75,572


EX PARTE RODNEY DALE SUMMERVILLE, Applicant


ON APPLICATIONS FOR WRIT OF HABEAS CORPUS

CAUSE NOS. 817992D, 817994D, & 818003D IN THE 371ST

DISTRICT COURT FROM TARRANT 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 these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of less than one gram of heroin, possession of more than four grams of cocaine, and possession of a firearm by a felon. He was sentenced to sixty years' imprisonment after he was found to be a habitual offender. The Second Court of Appeals affirmed his convictions. Summerville v. State,. Nos. 02-03-432-CR, 02-03-433-CR, and 02-03-434-CR (Tex. App. - Fort Worth, delivered November 15, 2005, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his convictions had been affirmed. 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 appellate counsel failed to timely notify Applicant that his convictions had been affirmed because counsel intended to file the petition himself, but failed to do so. 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 out-of-time petitions for discretionary review of the judgments of the Second Court of Appeals in Cause Nos. 02-03-432-CR, 02-03-433-CR, and 02-03-434-CR that affirmed his convictions in Case Nos. 817992D, 817994D, and 818003D from the 371st Judicial District Court of Tarrant County, Texas. Applicant shall file his petitions for discretionary review with the Second Court of Appeals within 30 days of the date on which this Court's mandate issues.



Delivered: December 13, 2006

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