IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,037-01

EX PARTE JAMES ALAN KUNKEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 057552-A IN THE 59TH DISTRICT COURT FROM GRAYSON COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerkof thetrial courttransmitted to this Court this application fora writof habeas corpus. Exparte Young, 418S.W.2d 824,826 (Tex. Crim. App. 1967). Applicant wasconvicted ofaggravated sexual assault of a childandindecency with a child by contact andwas sentenced to sixty-five andtwenty years' imprisonment on each offense, respectively. The Fifth Court of Appeals affirmed the convictions. Kunkel v. State, No. 05-10-01272-CR (Tex. App.—Dallas Mar. 21,2012).

Applicant contends thathe was denied his right, through no fault ofhis own, topursue a.pro se petition for discretionary review in this Court after his convictions were affirmed by the Fifth Court ofAppeals. The trial court recommends that reliefbe granted, and the writ record supports the -2-

recommendation. See Exparte Wilson, 956 S.W.2d 25, 26 -27 (Tex. Crim. App. 1997); Exparte Crow, 180 S.W.3d 135, 138-39 (Tex. Crim. App. 2005).

Applicant is entitled to the opportunityto file an out-of-time petition for discretionary review of the judgment of the Fifth Court of Appeals in Cause No. 05-10-01272-CR that affirmed his conviction in CauseNo. 057552 from the 59th District Court of Grayson 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.

Copies ofthis opinion shall be sentto the Texas Department ofCriminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: April 2, 2014 Do not publish OFFICIAL BUSINESS STATE OF TEXAS °S PENALTY FOR wrwiv BOWES RO. BOX 12308, CAPITOL STATION 2£ 02 1R $ 00 406 PRIVATE USE AUSTIN, TEXAS 78711 Q-iZ 000655 7458 AP^VlS^ MAILED FROM ZIPCODE 78 701 WR-81,037-01

L.TSACM°ATZTOFAPPEALSCLERK daLLCa0sMtTS22NDFLOOR CQT-S3B 752Q2 •»ii«-«t-I.»i.fi«.ff-.i|I.-Itf.t..irt|,r.ft.ii|f|*.||,.tf||l.|..f