IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 954592-A IN THE 338th DISTRICT COURT
FROM HARRIS 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 aggravated robbery and sentenced to thirty-one years' imprisonment. The Court of Appeals affirmed his conviction. Williams v. State, No. 01-04-00836-CR (Tex. App.-Houston [1st Dist.], delivered June 30, 2005, no pet.).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to advise him of his right to petition for discretionary review pro se. 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 appeal pro se. 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 an out-of-time petition for discretionary review of the judgment of the Court of Appeals in Cause No. 01-04-00836-CR that affirmed his conviction in Case No. 954592-A from the 338th Judicial District Court of Harris County, Texas. Applicant shall file his petition for discretionary review with the 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: July 26, 2006
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