AKINS, DAVID VINCENT Jr. ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-90,203-01, WR-90,203-02, WR-90,203-03 & WR-90,203-04
EX PARTE DAVID VINCENT AKINS, JR., Applicant
ON APPLICATIONS FOR WRITs OF HABEAS CORPUS
CAUSE NOS. 16-08-09483-CR(1), 16-08-09484-CR(1), 16-08-09485-CR(1) AND
18-01-00145-CR(1) IN THE 359TH DISTRICT COURT
FROM MONTGOMERY 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of four
charges of aggravated sexual assault of a child and sentenced to consecutive life sentences in each
case. The Ninth Court of Appeals affirmed his convictions. Akins v. State, 573 S.W.3d 290 (Tex.
App. — Beaumont March 6, 2019).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his convictions had been affirmed and failed to advise him of
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his right to petition pro se for discretionary review.
Appellate counsel filed an affidavit in support of these applications. Based on that affidavit,
the trial court has entered findings of fact and conclusions of law that appellate counsel failed to
timely notify Applicant that his convictions had been affirmed and failed to advise him 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 out-of-time petitions
for discretionary review of the judgments of the Ninth Court of Appeals in Cause Nos. 09-18-00059-
CR, 09-18-00057-CR, 09-18-00058-CR and 09-18-00060-CR that affirmed his convictions in Cause
Nos. 16-08-09483, 16-08-09484, 16-08-09485 and 18-01-00145 from the 359th District Court of
Montgomery County. Applicant shall file his petitions for discretionary review with this Court
within 30 days of the date on which this Court’s mandate issues.
Delivered: August 21, 2019
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