Tolar, Justin Cain AKA Tolar, Justin

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,598-01
EX PARTE JUSTIN CAIN TOLAR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 22938 IN THE 258TH DISTRICT COURT
FROM POLK 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 credit card abuse
and sentenced to twenty years’ imprisonment. The Ninth Court of Appeals affirmed his conviction.
Tolar v. State, No. 09-13-00482-CR (Tex. App.—Beaumont April 1, 2015).
Applicant contends that he was denied the right to file a pro se petition for discretionary
review because he not received timely notice that his conviction had been affirmed. Appellate
counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered
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findings of fact and conclusions of law that Applicant did not receive timely notice of the appellate
court’s decision. The trial court recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900
(Tex. Crim. App. 2003).
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 Ninth Court of Appeals in Cause No. 09-13-00482-
CR that affirmed his conviction in Cause No. 22938 from the 258th District Court of Polk 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: March 2, 2016
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