Steptoe, Ex Parte Johnny

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,938 & 74,939

EX PARTE JOHNNY STEPTOE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM HARRIS COUNTY

Cochran, J., filed a dissenting opinion, in which Keasler, J., joined.

O P I N I O N

I respectfully dissent to granting applicant habeas corpus relief to file an out-of-time petition for discretionary review. Applicant has alleged that his appellate counsel was constitutionally ineffective because he failed to advise applicant of his right to file a petition for discretionary review when he timely notified applicant that the court of appeals…