Lopez, Gregory ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,825-01
EX PARTE GREGORY LOPEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR2012-396-2 IN THE 207TH DISTRICT COURT
FROM COMAL 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 continuous sexual
abuse of a young child and sentenced to fifty years’ imprisonment. The Third Court of Appeals
affirmed his conviction. Lopez v. State, No. 03-13-00852-CR (Tex. App.—Austin Oct. 1, 2015) (not
designated for publication).
Applicant contends that appellate counsel failed to notify him that his conviction had been
affirmed. Appellate counsel filed an affidavit. Based on that affidavit, the trial court has entered
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findings of fact and conclusions of law that appellate counsel failed to notify Applicant that his
conviction was 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 Third Court of Appeals in cause number 03-13-
00852-CR that affirmed his conviction in cause number CR2012-396 from the 207th District Court
of Comal 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: September 12, 2018
Do not publish