Opinion
NO. WR-69,178-03
09-20-2017
EX PARTE LASARO SANDOVAL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-49915-02-B IN THE 181ST DISTRICT COURT FROM POTTER 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 aggravated assault and sentenced to fifty years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Sandoval v. State, No. 07-11-00136-CR (Tex. App.—Amarillo June 27, 2013) (not designated for publication).
Applicant contends that he was denied his right to file a pro se petition for discretionary review through no fault of his own. We remanded this application to the trial court for findings of fact and conclusions of law.
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 and recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135 (Tex. Crim. App. 2005).
Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Seventh Court of Appeals in Cause No. 07-11-00136-CR that affirmed his conviction in Cause No. 49,915-B from the 181st District Court of Potter 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: September 20, 2017
Do not publish