Garcia, Ex Parte Mario Guadalupe ( 2012 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-76,865

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EX PARTE MARIO GUADALUPE GARCIA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-08-59015-K IN THE CRIMINAL DISTRICT COURT NO. 4 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 continuous sexual abuse of a child under fourteen and was sentenced to thirty-two years' imprisonment. The Fifth Court of Appeals affirmed the conviction. Garcia v. State, No. 05-10-00291-CR (Tex. App. - Dallas del. Jul 28, 2011).

Applicant contends he was denied his right to file a pro se petition for discretionary review. The trial court has entered findings of fact and conclusions of law and recommends that relief be granted. See Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). Based on the trial court's findings, 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. 05-10-00291-CR that affirmed his conviction in Cause No. F-08-59015 from the Criminal District Court No. 4 of Dallas 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: August 22, 2012

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