IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,036-01
EX PARTE DANIEL F. LONGORIA JR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-05-5213-CR-(1) IN THE 221ST DISTRICT COURT
FROM MONTGOMERY 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 a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and
sentenced to life imprisonment. The Ninth Court of Appeals affirmed his conviction. Longoria v.
State, No. 09-13-00169-CR (Tex. App.—Beaumont Jun. 25, 2014)(not designated for publication).
Applicant contends that he was denied his right to file a petition for discretionary review
because counsel mailed the notification that his conviction had been affirmed to the incorrect
address.
2
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 Applicant is entitled to relief. The trial court
recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003).
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 Ninth Court of Appeals in Cause No. 09-13-00169-
CR that affirmed his conviction in Cause No. 12-05-05213-CR from the 221st District Court of
Montgomery County. 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: June 3, 2015
Do not publish