Sampson, Tramaine ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,219-01
EX PARTE TRAMAINE SAMPSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1185990-A IN THE 228TH DISTRICT COURT
FROM HARRIS 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 delivery of a
controlled substance and sentenced to twenty-seven years’ imprisonment. The Fourteenth Court of
Appeals affirmed his conviction. Sampson v. State, No. 14-09-991-CR (Tex. App.—Houston [14th]
Jan. 25, 2011).
Applicant contends that he never received notice from his counsel regarding the appellate
court’s decision in his direct appeal. Appellate counsel filed an affidavit with the trial court stating
that she timely sent a notice to Applicant at the Coffield Unit which was signed for by their mail
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room on February 8, 2011. Applicant responds that he was never housed at the Coffield Unit and
therefore never received counsel’s letter. We remanded this application to the trial court for findings
of fact and conclusions of law.
Records from the Texas Department of Criminal Justice (TDCJ) show that Applicant was
never housed on the Coffield Unit, where counsel sent the notification, and that he did not receive
any legal mail during the time frame in question where he was housed.
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 Court of Appeals in Cause No. 14-09-991-CR that
affirmed conviction in Cause No. 1185990 from the 228th District Court of Harris County. Applicant
shall file petition for discretionary review with this Court within 30 days of the date on which this
Court’s mandate issues.
Delivered: July 27, 2016
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