Strasser, Ex Parte Richard Brian

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. AP-75,752

EX PARTE RICHARD BRIAN STRASSER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 15,652-A IN THE 35TH JUDICIAL DISTRICT COURT

FROM BROWN 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of aggravated assault on a public servant and one count of attempted escape, and was sentenced to twenty-five years' imprisonment for the first count and fifteen years' imprisonment for the second count. The Eleventh Court of Appeals affirmed his conviction. Strasser v. State, No. 11-01-00086-CR (Tex. App. - Eastland, June 27, 2002, no pet.)

Applicant contends, inter alia, that his appellate counsel rendered ineffective assistance because counsel failed to file a petition for discretionary review after telling Applicant that he would do so, and 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. 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 Eleventh Court of Appeals in Cause No. 11-01-00086-CR that affirmed his conviction in Cause No. 15,652-A from the 35th Judicial District Court of Brown County. Applicant shall file his petition for discretionary review with the Eleventh Court of Appeals within 30 days of the date on which this Court's mandate issues.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).





Delivered: September 12, 2007

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