Harrison, Johnathen Lee ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,755-04
EX PARTE JOHNATHEN LEE HARRISON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR20133 IN THE 35TH DISTRICT COURT
FROM BROWN 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 burglary of a
habitation and sentenced to sixty years’ imprisonment. The Eleventh Court of Appeals affirmed his
conviction. Harrison v. State, No. 11-11-00241-CR (Tex. App.—Eastland Aug. 15, 2013).
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.
2
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 timely notify
Applicant that his conviction had been affirmed. The trial court recommends 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 Eleventh Court of Appeals in Cause No. 11-11-
00241-CR that affirmed his conviction in Cause No. CR20133 from the 35th District Court of Brown
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: May 13, 2015
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