Harris, Ex Parte Isadore Dee ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NO. AP-75,785

---

EX PARTE ISADORE DEE HARRIS, Applicant

---

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 922135-B IN THE 176th DISTRICT COURT FROM HARRIS 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 eighteen years' imprisonment. The First Court of Appeals affirmed his conviction. Harris v. State, No. 01-03-01349-CR (Tex. App.-Houston [1^st Dist.], delivered April 14, 2005, no pet.).

Applicant contends, inter alia, 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 that counsel does not have a specific record of directly communicating to Applicant his right to file a pro se petition for discretionary review. We find the record sufficient to support a conclusion 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 First Court of Appeals in Cause No. 01-03-01349-CR that affirmed his conviction in Case No. 01-03-01349-CR from the 176th Judicial District Court of Harris County. Applicant shall file his petition for discretionary review with the First Court of Appeals within 30 days of the date on which this Court's mandate issues.

All other claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).

Delivered: October 17, 2007

Do not publish