Davila, Erick Daniel ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-75,356-01

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EX PARTE ERICK DANIEL DAVILA

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ON NOTICE OF NO APPLICATION FOR WRIT OF HABEAS CORPUS FILED IN CAUSE NO. 1108359 IN THE CRIMINAL DISTRICT COURT NUMBER ONE TARRANT COUNTY

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Per Curiam.



O R D E R

   This case is before us because no application for writ of habeas corpus has been filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071. ⁽¹⁾

Around February 2009, the trial court appointed David L. Richards to represent applicant in a post-conviction writ of habeas corpus under Article 11.071. On November 30, 2010, the State filed in this Court its brief on applicant's direct appeal. Pursuant to Article 11.071, §§ 4(a) and (b), counsel should have filed applicant's application for writ of habeas corpus or a motion requesting a 90-day extension for filing applicant's application in the convicting court no later than January 14, 2011. No application or motion for extension was filed.

Shortly after the deadline passed for filing the application, counsel noticed that he had improperly calendared the due date for filing the application for writ of habeas corpus. He thereafter filed a motion in the trial court to be forwarded to this Court showing cause for his failure to timely file an application, requesting that he be allowed to continue representing applicant, and requesting that a new due date be set for filing the application. The trial court forwarded his motion to this Court and issued an order giving this Court notice that no writ was timely filed in the trial court.

Because counsel has admitted and taken responsibility for his error, and because he has timely taken steps to correct his oversight, this Court has determined that he should be allowed to continue representing applicant on habeas. The Court has also determined that applicant's writ application should be filed in the trial court on or before the 180^th day after the date of this order. See Art. 11.071 § 4A(b)(2).

IT IS SO ORDERED THIS THE 2^nd DAY OF MARCH, 2011.

Do Not Publish

1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.