Stewart, Ex Parte Shawn Aaronte ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,780

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EX PARTE SHAWN AARONTE STEWART, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F01-75069-HJ IN CRIMINAL DISTRICT COURT NO. 3 FROM DALLAS COUNTY

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   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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to sixty years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Stewart v. State, No. 05-02-01005-CR (Tex. App.-Dallas, April 2, 2003, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed. We remanded this application to the trial court for findings of fact and conclusions of law.

On remand, the trial court recommended that relief be granted. 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 Fifth Court of Appeals in Cause No. 05-02-01005-CR that affirmed his conviction in Case No. F-017069-HJ from Criminal District Court No. 3 of Dallas County. Applicant shall file his petition for discretionary review with the Fifth Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: October 10, 2007

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