Gilbert, Jeremy Dean ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,153-02
EX PARTE JEREMY DEAN GILBERT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 28253 HC-2 IN THE 6TH DISTRICT COURT
FROM LAMAR COUNTY
Per curiam.
OPINION
Applicant was convicted of theft of property-less than $2,500 (with two or more previous
convictions) and theft of property-greater than $2,500 and less than $30,000 and sentenced to twenty
years’ imprisonment on each of the two counts. The Sixth Court of Appeals affirmed his conviction.
Gilbert v. State, No. 06-19-00084-CR (Tex. App. — Texarkana, Oct. 29, 2019). Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX . CODE CRIM . PROC . art. 11.07.
Applicant contends that appellate counsel failed to timely inform Applicant that his conviction
had been affirmed and advise him of his right to file a pro se petition for discretionary review. Based
on the record, the trial court has determined that appellate counsel’s performance was deficient and
2
that Applicant would have timely filed a petition for discretionary review but for counsel’s deficient
performance.
Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow,
180 S.W.3d 135 (Tex. Crim. App. 2005). Applicant may file an out-of-time petition for discretionary
review of the judgment of the Sixth Court of Appeals in cause number 06-19-00084-CR. Should
Applicant decide to file a petition for discretionary review, he must file it with this Court within thirty
days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: January 27, 2021
Do not publish