EX PARTE KEITH M. TAYLOR (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,037

EX PARTE KEITH M. TAYLOR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 05-00643 IN THE 194TH DISTRICT COURT

FROM DALLAS COUNTY

           Per curiam.

O P I N I O N

            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 was convicted of aggravated robbery and sentenced to 30 years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Taylor v. State, No. 05-06-00269-CR, (Tex. App. – Dallas, 2007, no pet.) (not designated for publication).

            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 for discretionary review pro se.

            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 appeal pro se. 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 Fifth Court of Appeals in Cause No. 05-06-00269-CR that affirmed his conviction in Case No. 05-00643 from the 194th Judicial District Court of Dallas County. Applicant shall file his petition for discretionary review with the Fifth Court of Appeals within 30 days of the date on which this Court’s mandate issues.

 

Delivered: November 26, 2008

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