IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,182-01
EX PARTE ROBERT TRACY WATERFIELD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F10-61655-Y
IN THE CRIMINAL DISTRICT COURT NO. 7
FROM DALLAS 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 aggravated sexual
assault of a child and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his
conviction. Waterfield v. State, No. 05-12-00646-CR (Tex. App.—Dallas Jul. 31, 2013) (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 supplemental findings of fact and conclusions of law.
Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court
has entered findings of fact and conclusions of law that appellate counsel failed to timely notify
Applicant that conviction had been affirmed and failed to advise of 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 Fifth Court of Appeals in Cause No. 05-12-00646-CR
that affirmed his conviction in Cause No. F10-61655-Y from Criminal District Court No. 7 of Dallas
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: August 26, 2015
Do not publish