SMITH, RAYMOND Jr. ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,669-01
EX PARTE RAYMOND SMITH JR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2014-0261-A IN THE 159TH DISTRICT COURT
FROM ANGELINA 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 three counts of
indecency with a child and sentenced to twenty years’ imprisonment on each count. The Twelfth
Court of Appeals affirmed his conviction. Smith v. State, No. 12-14-00266-CR (Tex. App.—Tyler
June 30, 2016)(not designated for publication). The application is non-compliant because it was
filed on an old habeas form. However, this Court will address the merits of the application because
it appears that Applicant is entitled to relief. Ex parte Golden, 991 S.W.2d 859 (Tex. Crim. App.
1999).
2
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed and that he had a right to file
a pro se petition for discretionary review.
Appellate counsel filed an affidavit with the trial court. 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 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 Twelfth Court of Appeals in Cause No. 12-14-00266-
CR that affirmed his conviction in Cause No. 2014-0261-A from the 159th District Court of Angelina
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: April 17, 2019
Do not publish