Barten, Christopher Ray ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-79,016-05
EX PARTE CHRISTOPHER RAY BARTEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1111900-A IN THE 232RD DISTRICT COURT
FROM HARRIS 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 sexual assault
of a child and sentenced to life imprisonment. The Fourteenth Court of Appeals affirmed his
conviction. Barten v. State, 14-09-00292-CR (Tex.App.—Houston [14th Dist.] July 15, 2010)(not
designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed and failed to inform Applicant
that he a right to file a petition for discretionary review.
2
Appellate counsel filed an affidavit with the trial court. The trial court has entered findings
of fact and conclusions of law that appellate counsel failed to timely notify Applicant that his
conviction had been affirmed and failed to provide Applicant notice of his right to file a pro se
petition for discretionary review. The trial court recommends that relief be granted. 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 Fourteenth Court of Appeals in Cause No. 14-09-
00292-CR that affirmed his conviction in Cause No. 1111900 from the 232nd District Court of
Harris 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: April 1, 2015
Do not publish