IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 199-81209-02 IN THE 199TH DISTRICT COURT
FROM COLLIN 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 money laundering and sentenced to twenty years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Stallworth v. State, No. 05-03-00990-CR (Tex. App.-Dallas, delivered on Feb. 9, 2005, no pet.).
Applicant contends, among other things, that his appellate counsel rendered ineffective assistance because he failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of his right to petition for discretionary review pro se.
Appellate counsel filed two affidavits with the trial court. Based on these affidavits, the trial court has entered findings of fact and conclusions of law that appellate counsel failed to timely notify Applicant that his conviction had been affirmed and failed to advise him 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 Fifth Court of Appeals in Cause No. 05-03-00990-CR that affirmed his conviction in Case No. 199-81209-02 from the 199th Judicial District Court of Collin County. Applicant shall file his petition for discretionary review with the Fifth 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: June 20, 2007
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