Case Information
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. WR-83,804-01
EX PARTE JOHNNY RAY MULDROW, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 25549 IN THE DISTRICT COURT FROM LAMAR 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 possession of a controlled substance and sentenced to fifty years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Muldrow v. State, No. 06-14-00103-CR (Tex. App.—Texarkana Dec. 16, 2014).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed. Counsel sent Applicant a
*2 letter informing him of the appellate opinion, but the letter was written after the time to file a petition for discretionary review had passed. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997).
We find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the Sixth Court of Appeals in Cause No. 06-14-00103-CR that affirmed his conviction in Cause No. 25549 from the District Court of Lamar 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Delivered: September 23, 2015 Do not publish
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SHARON KELLER PRESIDING JUDGE
LAWRENCE E. MEYERS CHERVL JOHNSON MIKE KEASLER BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES
COURT OF CRIMINAL APPEALS
P.O. BOX 12308, CAPITOL STATION
AUSTIN, TEXAS 78711
ABEL ACOSTA CLERX (512) 463 - 1551
SIAN SCHILHAB GENERAL COUNSEL (512) 463 - 1597
Wednesday, September 23, 2015
JOHNNY RAY MULDROW Stiles Unit - TDC # 1934318 3060 FM 3514 Beaumont, TX 77705 Re: MULDROW, JOHNNY RAY CCA No. WR-83,804-01 COA No. 06-14-00103-CR Trial Court Case No. 25549 HC-1 The court has issued an opinion on the above referenced cause number.
cc: 6th Court Of Appeals Clerk (DELIVERED VIA E-MAIL) District Attorney Lamar County (DELIVERED VIA E-MAIL) District Clerk Lamar County (DELIVERED VIA E-MAIL)