Harper, Jeffrey Wayne ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-46,001-02
EX PARTE JEFFREY WAYNE HARPER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F14743-A IN THE 276th DISTRICT COURT
FROM MARION 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 possession of a
controlled substance in a correctional facility and sentenced to seventy-five years’ imprisonment.
The Sixth Court of Appeals affirmed his conviction. Harper v. State, No. 06-17-00036-CR (Tex.
App.—Texarkana Sept. 18, 2017) (not designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of
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his right to petition pro se for discretionary review. We remanded this application to the trial court
for findings of fact and conclusions of law.
Appellate counsel filed an affidavit with the trial court. Based on that affidavit and a review
of the docket sheet of the Sixth Court of Appeals, 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 and failed to advise him of his right to petition for discretionary review pro se. 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 Sixth Court of Appeals in Cause No. that affirmed
his conviction in Cause No. F14743 from the 276th District Court of Marion 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 19, 2018
Do not publish