IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NOS. F01-22937-J & F01-56964-J IN THE CRIMINAL DISTRICT
COURT NO. 3 FROM DALLAS 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of possession of more than four ounces of marihuana and was sentenced to imprisonment for eight years after she was found to be a habitual offender. Her convictions were affirmed, Roberts v. State, Nos. 05-04-329-CR and 05-04-330-CR (Tex. App. - Dallas, delivered April 4, 2005, no pet.).
Applicant contends that she was denied an opportunity to file timely petitions for discretionary review because her counsel failed to timely notify her that her appeal had been affirmed. The trial court has entered findings of fact and conclusions of law that notice of the affirmance was not timely sent to Applicant because her counsel did not receive that notice from the Court of Appeals until after the mandate had issued. We find, therefore, that Applicant is entitled to an opportunity to file out-of-time petitions for discretionary review of the judgments of the Dallas Court of Appeals in Cause Nos. 05-04-329-CR and 05-04-330-CR that affirmed her convictions in Case Nos. F01-22937-J & F01-56964-J from the Criminal District Court Number 3 of Dallas County, Texas. Ex parte Riley, S.W.3d (Tex. Crim. App. No. AP-75,185, delivered June 7, 2006). Applicant shall file her petitions for discretionary review with the Dallas Court of Appeals within 30 days of the date on which this Court's mandate issues.
Delivered: July 26, 2006
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