Message
×
loading..

Lerma, Ex Parte Guadalupe ( 2009 )


Menu:
  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. AP-76,222
    EX PARTE GUADALUPE LERMA, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 40504 IN THE 268th DISTRICT COURT
    FROM FORT BEND 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 writ of habeas corpus. Ex parte
    Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
    assault of a child (count one), indecency with a child (count two), and indecency with a child (count
    three) and sentenced to, respectively, thirty-three years’, twenty-five years’, and thirty years’
    imprisonment. The First Court of Appeals affirmed his conviction. Lerma v. State, Nos. 01-06-
    00083-CR, 01-06-00113-CR, and 01-06-00114-CR (Tex. Crim. App.–Houston [1st Dist.], delivered
    March, 2007, no pet.).
    2
    Applicant contends, inter alia, that his appellate counsel rendered ineffective assistance
    because counsel failed to timely notify Applicant that his conviction had been affirmed and failed
    to advise him of his right to petitions for discretionary review pro se.
    Appellate counsel filed an affidavit with the trial court. Based on that affidavit and our
    independent review of the record, we find that appellate counsel failed to timely notify Applicant that
    his conviction had been affirmed and failed to advise him of his right to file petitions for
    discretionary review pro se. Ex parte Wilson, 
    956 S.W.2d 25
    (Tex. Crim. App. 1997). We also
    find, therefore, that Applicant is entitled to the opportunity to file out-of-time petitions for
    discretionary review of the judgments of the First Court of Appeals in Cause Nos. 01-06-00083-CR,
    01-06-00113-CR, and 01-06-00114-CR that affirmed his conviction in Case No. 40504 from the
    268th Judicial District Court of Fort Bend County. Applicant shall file his petitions for discretionary
    review with the 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: September 16, 2009
    Do not publish
    

Document Info

Docket Number: AP-76,222

Filed Date: 9/16/2009

Precedential Status: Precedential

Modified Date: 9/15/2015