Cobbs, Joshua

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,647-01
EX PARTE JOSHUA COBBS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2010-428,786-A IN THE 137TH DISTRICT COURT
FROM LUBBOCK 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
assault and sentenced to sixty years’ imprisonment. The Seventh Court of Appeals affirmed his
conviction. Cobbs v. State, No. 07-11-00202-CR (Tex. App.—Amarillo July 8, 2011).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that he could file a pro se petition for discretionary review.
Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court
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has entered findings of fact and conclusions of law that appellate counsel failed to timely notify
Applicant that he could file a pro se petition for discretionary review. 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 Seventh Court of Appeals in Cause No. 07-11-0202-
CR that affirmed his conviction in Cause No. 2010-428,786 from the 137th District Court of Lubbock
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: January 28, 2015
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