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RECEIVED Court of Appeals AUG 23 2013 Lisa Matz Clerk, 5th District

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-66,244-02

EX PARTE LAFARRIS BORENS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-05-60566-R IN THE 265th DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerkof thetrial court transmitted to this Court thisapplication for a writofhabeas corpus. Exparte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery andsentenced to twenty-five years' imprisonment. TheFifth Court of Appeals affirmed his conviction. Borens v. State, No. 05-07-01516-CR (Tex. App.—Dallas Apr. 15,2009) (unpublished).

Applicant contendsthat his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of his right to petition pro se for discretionary review. The trial court found that appellate counsel discharged his duties appropriately. We remanded this application to the trial court for findings of *

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fact and conclusions of law addressing Applicant's claim that he never received counsel's correspondence.

Based on an affidavit from the Texas Department of Criminal Justice, the trial court has entered findings of factand conclusions of lawthat Applicant never received notice his conviction had been affirmed. The trial court recommends that relief be granted.

We find, therefore, that Applicant isentitled to the opportunity tofile an out-of-time petition for discretionary review ofthe judgment oftheFifth Court ofAppeals inCause No. 05-07-01516-CR that affirmed his conviction in Cause No. F-05-60566-R from the 265th District Court of Dallas 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Delivered: August 21, 2013 Do not publish OFFICIAL BUSINESS ^% STATE OF TEXAS W I f INI V BOWES l<£^ PENALTY FOR 02 1R $ 00.38* 0002003152 AUG21 2013 PRIVATE USE P.O. BOX 12308, CAPITOL STATION MAILED FROM ZIP CODE 78701 AUSTIN, TEXAS 78711 WR-66,244-02 5TH COURT OF APPEALS CLERK LISA MATZ COMMERCE 2ND FLOOR DALLAS TX 75202

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