Harris, Ex Parte Darren Leshon ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,220

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EX PARTE DARREN LESHON HARRIS, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER F-0272607-LQ IN THE 204TH JUDICIAL

DISTRICT COURT DALLAS COUNTY

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   Per Curiam.

O P I N I O N  

   This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault with a deadly weapon and was sentenced to confinement for a period of twenty-five years. His conviction was affirmed by the Fifth Court of Appeals in an unpublished opinion on October 18, 2004. Harris v. State, No. 05-03-00261-CR (Tex. App. -- Dallas 2004, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because he failed to inform him of the court of appeals' decision affirming his conviction and of his right to file a pro se petition for discretionary review.

Based on an affidavit filed by Applicant's appellate counsel, and without finding counsel to have been ineffective, the trial court has determined that Applicant should be granted the opportunity to file an out-of-time petition for discretionary review. After a review of the record, we agree and find that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review. Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997). Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 05-03-00261-CR affirming his conviction in cause number F-0272607-LQ from the 204th Judicial District Court of Dallas County, Texas. Applicant shall file his petition for discretionary review with the Court of Appeals within thirty days of the issuance of this Court's mandate.

DELIVERED: August 31, 2005

DO NOT PUBLISH