Stoker, Troy Bernard Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,639-01
EX PARTE TROY BERNARD STOKER, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1183695D IN THE CRIMINAL DISTRICT COURT NO. 3
FROM TARRANT 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 aggravated sexual
assault of a child and sentenced to forty years’ imprisonment.
Applicant contends that he was denied the right to file a petition for discretionary review
(PDR) to this Court because counsel failed to timely advise him of the appellate court’s opinion and
his right to file a pro se PDR. Appellate counsel submitted an affidavit to the habeas court stating
that he mailed a timely letter to Applicant’s last known address advising him of the appellate
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opinion, his right to file a pro se PDR, and the applicable deadlines. However, counsel could not
confirm whether Applicant physically received the notices. The trial court has entered findings of
fact and conclusions of law recommending that relief be granted. See Ex parte Riley, 193 S.W.3d
900 (Tex. Crim. App. 2006).
We find that Applicant is entitled to the opportunity to file an out-of-time appeal of the
judgment of conviction in Cause No. 1183695D from the Criminal District Court Number Three of
Tarrant 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: July 23, 2014
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