IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,588 EX PARTE DAVID EUGENE FIELDS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR04-024HC IN THE FOURTH DISTRICT COURT FROM RUSK COUNTY Per curiam. O P I N I O N 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 delivery of a controlled substance and sentenced to twenty years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Fields v. State , No. 06-04-00074-CR (Tex. App.-Texarkana, delivered January 6, 2005, no pet.). Applicant contends that his appellate counsel rendered ineffective assistance because he failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of his right to file petition for discretionary review pro se. We remanded this application to the trial court for findings of fact and conclusions of law. Appellate counsel testified at a live evidentiary hearing. Based on that testimony, the trial court has entered findings of fact and conclusions of law that appellate counsel failed to advise Applicant of his right to petition for discretionary review pro se. The trial court recommends that relief 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 Sixth Court of Appeals in Cause No. 06-04-00074-CR that affirmed his conviction in Case No. CR04-024 from the Fourth District Court of Rusk County. Applicant shall file his petition for discretionary review with the Sixth Court of Appeals within 30 days of the date on which this Court's mandate issues. Delivered: January 10, 2007 Do not publish
Fields, Ex Parte David Eugene
Court of Criminal Appeals of Texas
Court of Criminal Appeals of Texas