Caudill, Thomas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,621-01
EX PARTE THOMAS CAUDILL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2019-417382-A IN THE 137TH DISTRICT COURT
FROM LUBBOCK COUNTY
Per curiam.
OPINION
Applicant entered an open plea of guilty to unlawful possession of a firearm by a felon, and
was sentenced to ninety-nine years’ imprisonment. The Seventh Court of Appeals affirmed his
conviction. Caudill v. State, No. 07-19-00331-CR (Tex. App. — Amarillo July 14, 2021) (not
designated for publication). 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 he was denied his right to petition this Court for discretionary
review, because he was not timely notified that his conviction had been affirmed or advised of his
right to file a pro se petition for discretionary review. The record indicates that appellate counsel
left the firm with which she was employed after the appellate briefs had been filed, but before the
court of appeals issued its opinion. Appellate counsel’s e-mail was not forwarded to her new place
of employment, and a new attorney was not assigned to the case. Based on the record, the trial court
has determined that Applicant would have timely filed a petition for discretionary review had he
been timely notified of the court of appeals’ decision and of his right to file a pro se petition for
discretionary review.
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 Seventh Court of Appeals in cause number 07-19-00331-
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: March 29, 2023
Do not publish