Gullatt, Ex Parte Herman Jr. ( 2012 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. AP-76,842
    EX PARTE HERMAN GULLATT, JR., Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 31,934-CR IN THE 13TH DISTRICT COURT
    FROM NAVARRO 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
    methamphetamine and sentenced to sixty years’ imprisonment. The Tenth Court of Appeals
    affirmed his conviction. Gullatt v. Texas, 10-09-00244-CR, 2011 Tex. App. LEXIS 6807 (Tex.
    App.–Waco August 24, 2011)(published).
    Applicant contends that his counsel rendered ineffective assistance because counsel, who was
    hired specifically to file a petition for discretionary review, failed to timely do so.
    Counsel filed an affidavit with the habeas application. Counsel admits that he was hired by
    2
    Applicant to file a petition for discretionary review, but failed to timely do so. Applicant was denied
    his right to file a petition for discretionary review by relying on counsel. Relief should 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 Tenth Court of Appeals in Cause No. 10-09-00244-
    CR that affirmed his conviction in Cause No. 31,934-CR from the 13th District Court of Navarro
    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: August 22, 2012
    Do not publish
    

Document Info

Docket Number: AP-76,842

Filed Date: 8/22/2012

Precedential Status: Precedential

Modified Date: 9/16/2015