IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 3802 IN THE 84TH DISTRICT COURT
FROM OCHILTREE 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 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 indecency with a child and sentenced to ten years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Ruelas-Sigala v. State, No. 07-05-00431-CR (Tex. App.-Amarillo, delivered June 6, 2006, no pet.).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to advise him of his right to file a 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 review 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 Seventh Court of Appeals in Cause No. 07-05-00431-CR that affirmed his conviction in Case No. 3802 from the 84th District Court of Ochiltree 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.
Applicant's remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
Delivered: November 21, 2007
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