Richardson, James Andrew Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,559-01
EX PARTE JAMES A. RICHARDSON, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR39200 IN THE 441ST DISTRICT COURT
FROM MIDLAND 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
robbery and sentenced to sixty years’ imprisonment. The Eleventh Court of Appeals affirmed his
conviction. Richardson v. State, No. 11-12-00050-CR (Tex. App.–Eastland Feb. 14, 2014).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed. Appellate counsel filed an
affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and
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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 Eleventh Court of Appeals in Cause No. 11-12-
00050-CR that affirmed his conviction in Cause No. CR39200 from the 441st District Court of
Midland 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: July 23, 2014
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