IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-76,766
EX PARTE CHARLESTON KENDELL MCGREGOR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-0756369-N
IN THE 195 TH DISTRICT COURT FROM DALLAS COUNTY
Per curiam.
OPINION
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 pleaded guilty without an agreed
punishment recommendation and was convicted of aggravated robbery. He was sentenced to fifty
years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. McGregor v. State, No.
05-09-00869-CR (Tex. App.–Dallas, January 20, 2011).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed.
2
Appellate counsel filed an affidavit with the trial court. Counsel states that he did not inform
Applicant that his appeal was affirmed. 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. 05-09-00869-CR that affirmed his conviction in Case No. F-0756369-N
from the 195th Judicial District Court of Dallas County. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim.
App. 1997). Applicant shall file his petition for discretionary review with this Court within 30 days
of the date on which this Court’s mandate issues.
Delivered: April 4, 2012
Do not publish
McGregor, Ex Parte Charleston Kendell
Combined Opinion