Penny, David Ray ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,451-01
EX PARTE DAVID RAY PENNY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1323669A IN THE 8TH DISTRICT COURT
FROM HOPKINS 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 continuous sexual
abuse of a child and sentenced to life imprisonment. The Sixth Court of Appeals affirmed his
conviction. Penny v. State, No. 06-14-00101-CR (Tex. App.—Texarkana del. Mar. 19, 2015) (not
designated for publication).
Applicant contends that he was not notified that his conviction had been affirmed by the
appellate court and advised of his right to petition pro se for discretionary review. He asks
2
permission to file an out-of-time petition for discretionary review. Appellate counsel filed an
affidavit with the trial court, and based on that affidavit, the trial court has entered findings of fact
and conclusions recommending that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim.
App. 1997). The findings and recommendation are supported by the record.
Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review
of the judgment of the Sixth Court of Appeals in Cause No. 06-14-00101-CR that affirmed his
conviction in Cause No. 1323669 from the 8th District Court of Hopkins 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: September 14, 2016
Do not publish