Opinion
No. AP-75,550
Delivered: November 15, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. 0839817D in the Criminal District Court Number Three from Tarrant County.
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of aggravated assault with a deadly weapon and sentenced to twenty-five years' imprisonment. The Second Court of Appeals affirmed his conviction. Hardy v. State, No. 02-03-132-CR (Tex.App.-Ft. Worth, delivered April 8, 2004, no pet.). Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to advise him of his right to file petition for discretionary review pro se. 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 him of his right to petition for discretionary review 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 Second Court of Appeals in Cause No. 02-03-132-CR that affirmed his conviction in Case No. 0839817D from the Criminal District Court Number Three of Tarrant County, Texas. Applicant shall file his petition for discretionary review with the Second Court of Appeals within 30 days of the date on which this Court's mandate issues. Applicant's remaining claims are dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex.Crim.App. 1997).