Barrera, Adrian v. v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-80,855-01 EX PARTE ADRIAN V. BARRERA, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W07-30801-P(A) IN THE 203RD 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 ofthe trial court transmitted to this Court this application for a writ ofhabeas corpus. Exparte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault and sentenced to ten years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Barrera v. State, No. 05-12-00715-CR (Tex. App.—Dallas 2013, no pet.). Applicant contends that he was not timely advised of his right to file a petition for discretionary review. The trial court entered findings of fact and conclusions of law and recommended that we grant Applicant an out-of-time petition for discretionary review. Exparte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). 2 Wefind, therefore, that Applicant is entitled to the opportunity to filean out-of-time petition for discretionary reviewof thejudgment of the Fifth Court of Appealsin case number05-12-00715- CR that affirmed his conviction in cause number F-0730801-P from the 203rd District Court of Dallas 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 Delivered: February 26, 2014 Do not publish • OFFICIAL BUSINESS .^"N, STATE OF TEXAS °8 P1INEV BOWES PENALTY FOR 02 ir $ 00.40s P.O. BOX 12308, CAPITOL STATION PRIVATE USE 0006557458 FEB27 2014 O.UL MAILED FROM ZIP CODE 78 701 AUSTIN, TEXAS 78711 WR-80,855-01 5TH COURT OF APPEALS CLERK LISA MATZ 600 COMMERCE 2ND FLOOR DALLAS TX 75202 121 AQW-N3B 7B202 llll|l|l||r||>||l|.||...l|.||l||l|||»|H||l|>|*l|»||-hl|||||