Smith, Corderral John ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,815-01
EX PARTE CORDERRAL JOHN SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR28321-A IN THE 253RD DISTRICT COURT
FROM LIBERTY 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 capital murder
and sentenced to imprisonment for life. The Thirteenth Court of Appeals affirmed his conviction.
Smith v. State, No. 13-10-00552-CR (Tex. App.—Corpus Christi Apr. 12, 2012) (not designated for
publication).
Applicant contends, among other things, that appellate counsel failed to notify Applicant that
his conviction had been affirmed and failed to advise him of his right to petition for discretionary
2
review pro se. We remanded this application to the trial court for findings of fact and conclusions
of law.
The trial court has entered findings of fact and 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 Court of Appeals in case number 13-10-00552-CR
that affirmed his conviction in cause number CR28321 from the 253rd District Court of Liberty
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. Applicant’s remaining claims are dismissed.
Delivered: November 16, 2016
Do not publish