IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. CR-24,947 IN THE 159TH DISTRICT COURT
FROM ANGELINA COUNTY
O P I N I O N
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 two counts of aggravated assault and sentenced to eighteen years' imprisonment for each count. The Twelfth Court of Appeals affirmed his convictions. Mitchell v. State, No. 12-05-00285-CR (Tex. App.-Tyler, delivered August 25, 2006, no pet.).
Applicant contends that appellate counsel rendered ineffective assistance because he notified Applicant that his convictions had been affirmed on September 25, 2006, when in fact they had been affirmed on August 25, 2006. Based on the record, the trial court has entered findings of fact and conclusions of law that appellate counsel's mistake constituted deficient performance, and that Applicant, as a result, was prejudiced. 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 Twelfth Court of Appeals in Cause No. 12-05-00285-CR that affirmed his convictions in Case No. CR-24,947 from the 159th Judicial District Court of Angelina County. Applicant shall file his petition for discretionary review with the Twelfth Court of Appeals within 30 days of the date on which this Court's mandate issues.
Delivered: August 22, 2007
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