Hall, John Edward ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,314-01
EX PARTE JOHN EDWARD HALL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W08-63139-W(A) IN THE 363RD DISTRICT COURT
FROM DALLAS 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 murder and
sentenced to seventy years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Hall
v. State, No. 05-09-01368-CR (Tex. App.—Dallas 2011, no pet.).
In a single ground, Applicant contends that appellate counsel rendered ineffective assistance
because counsel failed to notify Applicant that his conviction had been affirmed and to inform him
of his right to file a pro se petition for discretionary review.
2
The trial court has entered findings of fact and conclusions of law that Applicant never
received notice from counsel that his conviction had been affirmed. The trial court recommends 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 number 05-09-01368-
CR that affirmed his conviction in cause number F-0863139-W from the 363rd District Court 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: November 19, 2014
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