Aaron, Ex Parte Johnny Gay

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,473

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EX PARTE JOHNNY GAY AARON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 38146-B IN THE 78^TH DISTRICT COURT FROM WICHITA 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of methamphetamine and sentenced to imprisonment for forty years after he was found to be a habitual offender. His conviction was affirmed, Aaron v. State, No. 02-02-266-CR (Tex. App. - Fort Worth, delivered November 26, 2003, pet.dism'd untimely).

Applicant contends that he was denied an opportunity to file a timely petition for discretionary review because the Court of Appeals failed to timely notify him that his pro se motion for rehearing had been denied. The trial court has entered findings of fact and conclusions of law that those allegations are true and recommends that relief be granted. We find, therefore, that Applicant is entitled to an opportunity to file an out-of-time petition for discretionary review of the judgment of the Fort Worth Court of Appeals in Cause No. 02-02-266-CR that affirmed his conviction in Case No. 38146-B from the 78^th Judicial District Court of Wichita County, Texas. Ex parte Riley, S.W.3d (Tex. Crim. App. No. AP-75,185, delivered June 7, 2006). Applicant shall file his petition for discretionary review with the Fort Worth Court of Appeals within 30 days of the date on which this Court's mandate issues.

Delivered: July 26, 2006

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