IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 17,591-2003A IN THE 402ND DISTRICT COURT
FROM WOOD COUNTY
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 possession of marihuana and sentenced to ten years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Newby v. State, No. 06-04-00061-CR (Tex. App.-Texarkana, delivered July 8, 2005, 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 has entered findings of fact and conclusions of law that appellate counsel failed to advise Applicant of his right to petition for discretionary review pro se. 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 Sixth Court of Appeals in Cause No. 06-04-00061-CR that affirmed his conviction in Case No. 17,591-2003A from the 402nd Judicial District Court of Wood County, Texas. Applicant shall file his petition for discretionary review with the Sixth Court of Appeals within 30 days of the date on which this Court's mandate issues.
Delivered: November 15, 2006
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