Smith, Ex Parte Elzie ( 2012 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. AP-76,708
    EX PARTE ELZIE SMITH, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 2004F00127A IN THE 5TH DISTRICT COURT
    FROM CASS 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 writ of habeas corpus. Ex parte
    Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a
    controlled substance and sentenced to fifty years’ imprisonment. The Sixth Court of Appeals
    affirmed his conviction. Smith v. State, No. 06-06-00189-CR (Tex. App.–Texarkana, Oct. 25, 2007).
    Applicant contends that his appellate counsel failed to timely notify Applicant that his
    conviction had been affirmed. We remanded this application to the trial court for findings of fact
    and conclusions of law.
    2
    The record shows that appellate counsel failed to timely notify Applicant that his conviction
    had been affirmed. 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 Sixth Court of Appeals in Cause No. 06-06-00189-CR that affirmed his
    conviction in Case No. 2004F00127 from the 5th Judicial District Court of Cass 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 11, 2012
    Do not publish
    

Document Info

Docket Number: AP-76,708

Filed Date: 1/11/2012

Precedential Status: Precedential

Modified Date: 9/16/2015