IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,911-01
EX PARTE FRANCISCO DURAN, JR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2012-DCR-867-I IN THE 445th DISTRICT COURT
FROM CAMERON 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 burglary of a
habitation with intent to commit aggravated assault and sentenced to twenty-five years’
imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Duran v. State, No. 13-12-
00344-CR (Tex. App.—Corpus Christi–Edinburg July 3, 2013) (not designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to advise him of his right to file a pro se petition for discretionary review.
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 appellate counsel failed to advise Applicant
of his right to file a pro se petition for discretionary review. 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 Thirteenth Court of Appeals in Cause No. 13-12-
00344-CR that affirmed his conviction in Cause No. 2012-DCR-867-I from the 445th District Court
of Cameron 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: March 25, 2015
Do not publish