Green, Jimmy Harold II

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,283-02
EX PARTE JIMMY H. GREEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 10CR3171 IN THE 122ND DISTRICT COURT
FROM GALVESTON 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 driving while
intoxicated and sentenced to twenty-five years’ imprisonment. The First Court of Appeals affirmed
his conviction. Green v. State, No. 01-12-00029-CR (Tex. App.–Houston November 21, 2012).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that he had a right to file a pro se petition for discretionary review.
Appellate counsel filed an affidavit with the trial court. Based on that affidavit and the
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attached letter from counsel, this Court finds that counsel did not properly inform Applicant that he
had a right to file a pro se petition for discretionary review. Ex parte Wilson, 956 S.W.2d 25 (Tex.
Crim. App. 1997).
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 First Court of Appeals in Cause No. 01-12-00029-CR
that affirmed his conviction in Cause No. 10CR3171 from the 122nd District Court of Galveston
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. Applicant’s remaining claims are dismissed. Ex
Parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
Delivered: July 23, 2014
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