Opinion

Strasser, Ex Parte Richard Brian

Court
Court of Criminal Appeals of Texas
Filed
Sep 12, 2007
Status
Published
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,752

EX PARTE RICHARD BRIAN STRASSER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 15,652-A IN THE 35 TH JUDICIAL DISTRICT COURT

FROM BROWN 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 writ of habeas corpus. Ex parte

Young , 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of

aggravated assault on a public servant and one count of attempted escape, and was sentenced to

twenty-five years' imprisonment for the first count and fifteen years' imprisonment for the second

count. The Eleventh Court of Appeals affirmed his conviction. Strasser v. State , No. 11-01-00086-CR (Tex. App. - Eastland, June 27, 2002, no pet.)

Applicant contends, inter alia , that his appellate counsel rendered ineffective assistance

because counsel failed to file a petition for discretionary review after telling Applicant that he would

do so, 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 filed an affidavit with the trial court. Based on that affidavit, 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 Eleventh Court of Appeals in Cause No. 11-01-00086-CR that affirmed his

conviction in Cause No. 15,652-A from the 35 th Judicial District Court of Brown County. Applicant

shall file his petition for discretionary review with the Eleventh Court of Appeals within 30 days of

the date on which this Court's mandate issues.

Applicant's remaining claims are dismissed. See Ex parte Torres , 943 S.W.2d 469 (Tex. Crim.

App. 1997).

Delivered: September 12, 2007

Do not publish

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.