Johnson, Ex Parte Joseph Jr. ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,240

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EX PARTE JOSEPH JOHNSON, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1994CR0969A-W1 IN THE 226^TH JUDICIAL DISTRICT COURT BEXAR COUNTY

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Per Curiam.   O P I N I O N  

This is a post-conviction application for writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the felony offense of murder, and punishment was assessed at life imprisonment. Applicant appealed and his conviction was affirmed. Johnson v. State, No. 04-95-00660-CR (Tex. App.- San Antonio, Sept. 18, 1996, no pet.)(not designated for publication).

Applicant contends, inter alia, that he was denied an opportunity to file a petition for discretionary review because his appellate attorney did not timely notify him that his conviction had been affirmed or that he could seek discretionary review pro se. The trial court recommended that relief be granted.

Habeas corpus relief is granted, in part, and Applicant is granted leave to file an out-of-time petition for discretionary review from his conviction in cause number 1994CR0969A-W1 from the 226^th Judicial District Court of Bexar County. Applicant is ordered returned to the point at which he can file a meaningful petition for discretionary review. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the Court of Appeals' decision had been rendered on the day the mandate of this Court issues. We hold that should Applicant desire to seek discretionary review, he must take affirmative steps to see that his petition is filed in the Court of Appeals within thirty days of the date the mandate of this Court has issued.

Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997). Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions, and Parole Divisions.

DELIVERED: September 14, 2005

DO NOT PUBLISH