Soto, Armando Fermin

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-82,563-01 & WR-82,563-02
EX PARTE ARMANDO FERMIN SOTO, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W10-19502-(H)(A) & W10-19503-H(A)
IN CRIMINAL DISTRICT COURT NO. 1
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 in two causes of
intoxicated manslaughter and sentenced to imprisonment for twenty years in each cause. The Fifth
Court of Appeals affirmed his conviction. Soto v. State, Nos. 05-11-01061-CR & 05-11-01062-CR,
Tex. App.—Dallas Nov. 28, 2012) (not designated for publication).
Applicant contends, among other things, that his appellate counsel rendered ineffective
assistance because counsel erroneously advised him that, upon the appellate court’s decision on her
2
Anders motion to withdraw, he would have 30 days to review the record and file a pro-se brief. We
remanded this application to the trial court for findings of fact and conclusions of law.
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 erroneously advised him
about the procedure of filing a pro se brief. The trial court recommends that relief be granted. In
re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).
We find, therefore, that Applicant is entitled to the opportunity to file a pro-se, out-of-time
responsive brief alerting the court of appeals to any matters he believes might be arguable in a brief
on the merits appealing the judgments of conviction in Cause Nos. F-1019503-H & F-1019502-H
from the Criminal District Court No. 1 of Dallas County. The court of appeals shall make sure that
the Applicant is granted access to the appellate record within 15 days of the date on which this
Court’s mandate issues. Applicant’s filings shall be due within 45 days of the date on which this
Court’s mandate issues.
Delivered: June 10, 2015
Do not publish