Castillo, Ex Parte Joaquin Villarreal ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,496

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EX PARTE JOAQUIN VILLARREAL CASTILLO, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 39,816-B IN THE 181ST JUDICIAL

DISTRICT COURT POTTER COUNTY

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Per curiam.

O P I N I O N  

   This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and was sentenced to confinement for a period of ninety-nine years. The conviction was affirmed in an unpublished opinion. Castillo v. State, No. 07-00-00365-CR (Tex. App.--Amarillo, Delivered February 20, 2002).

Applicant contends that he was denied his right to file a Petition for Discretionary Review (PDR) after his conviction was affirmed and that he desired to file such a petition. The trial court recommends that relief be granted. After a review of the record, we find that Applicant is entitled to the opportunity to file an out-of-time PDR. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135 (Tex. Crim. App. 2005).

Thus, Applicant is granted leave to file an out-of-time PDR from the judgment of the Court of Appeals, number 07-00-00365-CR, which affirmed the conviction in cause number 39,816-B from the 181st Judicial District Court of Potter County, Texas. Applicant shall file his PDR with the Seventh District Court of Appeals in Amarillo within thirty days of the issuance of this Court's mandate in this matter. All remaining grounds for relief are dismissed.

DELIVERED: September 13, 2006

DO NOT PUBLISH