Arzate, Francisco ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,117-01
EX PARTE FRANCISCO ARZATE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1317247-A IN THE 232ND DISTRICT COURT
FROM HARRIS 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 capital murder
and sentenced to imprisonment for life without parole. The First Court of Appeals affirmed his
conviction. No. 01-12-01074-CR (Tex. App.—Houston [1st Dist.] Dec. 17, 2013) (not designated
for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
did not timely file a petition for discretionary review. We remanded this application to the trial court
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for supplemental 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 that appellate counsel failed to file a timely
petition for discretionary review.
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 First Court of Appeals in Cause No. 01-12-01074-CR
that affirmed his conviction in Cause No. 131724701010 from the 232nd District Court of Harris
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: October 14, 2015
Do not publish