Johnson, Ex Parte Anthony Louis ( 2004 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS




    NO. 74,997


    EX PARTE ANTHONY LOUIS JOHNSON, Applicant


    ON APPLICATION FOR WRIT OF HABEAS CORPUS

    FROM DALLAS COUNTY


       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 robbery with a deadly weapon and was sentenced to a term of twenty years imprisonment and a $500 fine. His conviction was affirmed on July 23, 1999. Johnson v. State, No. 05-98-02168-CR (Tex. App. -- Dallas 1999, no pet.).

    Applicant contends, inter alia, that his appellate counsel rendered ineffective assistance because she failed to inform him of his right to file a pro se petition for discretionary review.

    After a review of the affidavit submitted by Applicant's appellate counsel, the trial court has determined that Applicant is entitled to the opportunity to file an out-of-time pro se petition for discretionary review due to the ineffective assistance of appellate counsel. We agree. Applicant is granted leave to file an out-of-time petition for discretionary review from the Court of Appeals' judgment in cause number 05-98-02168-CR affirming his conviction in cause number F98-02569 from the 282nd 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.

    Applicant's remaining grounds for relief are dismissed.



    DELIVERED: August 31, 2004

    DO NOT PUBLISH

Document Info

Docket Number: AP-74,997

Filed Date: 8/31/2004

Precedential Status: Precedential

Modified Date: 9/15/2015