Herring, Timothy

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,026-01
EX PARTE TIMOTHY HERRING, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR 16345 IN THE 271ST DISTRICT COURT
FROM WISE 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 attempted capital
murder and sentenced to twenty years’ imprisonment. The Second Court of Appeals affirmed his
conviction. Herring v. State, No. 02-12-00546-CR (Tex. App. — Fort Worth, January 16, 2014)
(not designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed. We remanded this
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application to the trial court for findings of fact and conclusions of law.
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 cannot prove that he timely
notified 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 Second Court of Appeals in Cause No. 02-12-00546-
CR that affirmed his conviction in Cause No. CR 16345 from the 271st District Court of Wise
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: February 11, 2015
Do not publish