Andrew, Kenneth Gerhart ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,361-02
EX PARTE KENNETH GERHART ANDREW, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1058171-A IN THE 177TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
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 aggravated sexual
assault and sentenced to thirty-five years’ imprisonment. The Fourteenth Court of Appeals affirmed
his conviction. Andrew v. State, No. 14-07-00241-CR (Tex. App.—Houston [14th Dist.] 2009, no
pet.).
Applicant contends that appellate counsel failed to timely notify him that his conviction had
been affirmed. The trial court has entered findings of fact and conclusions of law that appellate
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counsel failed to timely notify Applicant that his conviction had been affirmed. 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 Fourteenth Court of Appeals in cause number 14-07-
00241-CR that affirmed his conviction in cause number 1058171 from the 177th District Court of
Harris 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: September 24, 2014
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