Ex parte Hernandez

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COURT OF CRIMINAL APPEALS OF TEXASSep 12, 2018
NO. WR-88,837-01 (Tex. Crim. App. Sep. 12, 2018)

NO. WR-88,837-01

09-12-2018

EX PARTE HUGO ALBERTO HERNANDEZ, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1083518-A IN THE 230TH 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 murder and sentenced to forty years' imprisonment. The First Court of Appeals affirmed his conviction. Hernandez v. State, No. 01-16-00795-CR (Tex. App. — Houston [1st Dist.] March 27, 2018) (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 his right to petition pro se for discretionary review.

Based on the appellate court records, 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 the process for filing a petition for discretionary review. 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 First Court of Appeals in Cause No. 01-16-00795-CR that affirmed his conviction in Cause No. 1083518 from the 230th District Court of Harris 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
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