Jones, Ex Parte Michael Anton ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,432

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EX PARTE MICHAEL ANTON JONES, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 38,936-A IN THE 30TH JUDICIAL

DISTRICT COURT WICHITA COUNTY

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   Per curiam.

O P I N I O N  

   This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of engaging in organized criminal activity and was sentenced to confinement for a period of fifty years. The conviction was affirmed in an unpublished memorandum opinion. Jones v. State, No. 02-03-00026-CR (Tex. App.--Fort Worth, Delivered August 7, 2003).

Applicant contends that he was denied his right to file a Petition for Discretionary Review (PDR) after his conviction was affirmed and that he desired to file such a petition. Based on the findings of the trial court and after a review of the record, we find that Applicant is entitled to the opportunity to file an out-of-time PDR. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135 (Tex. Crim. App. 2005).

Thus, Applicant is granted leave to file an out-of-time PDR from the judgment of the Court of Appeals, number 02-03-00026-CR, which affirmed the conviction in cause number 38,936-A from the 30th Judicial District Court of Wichita County, Texas. Applicant shall file his PDR with the Second District Court of Appeals in Fort Worth within thirty days of the issuance of this Court's mandate in this matter. Any remaining grounds for relief are dismissed.

DELIVERED: June 7, 2006

DO NOT PUBLISH