It .tO-e)p4-C£
FILED
IN COURT OF APPEALS
ELEVENTH DISTRICT
FEB 1 | 2013
SHERRY WILLIAMSON, CLERK
By—___ Deputy
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-76,966
EX PARTE DANIEL SUBIA ORONA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-34,688-A IN THE 358TH DISTRICT COURT
FROM ECTOR COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk ofthe trial court transmitted to this Court this application for a writ of habeas corpus. Exparte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder
andsentenced to lifeimprisonment. TheEleventh Court ofAppeals affirmed hisconviction. Orona
v. State, No. 11-10-00024-CR (Tex. App. - Eastland, November 10, 2011).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of
his right to petition pro se for discretionary review. We remanded this application to the trial court
for findings of fact and conclusions of law. .
2
Appellate counsel filed written statement with the trial court. Based on that statement, 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 reviewpro se. The trial court recommends that relief be granted. Exparte 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. 11-10-
00024-CR that affirmed his conviction in Cause No. D-34,688 from the 358th District Court ofEctor
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: February 6, 2013
Do not publish