IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,009-02
EX PARTE JAVIER URIAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20090D03338 IN THE 243rd DISTRICT COURT
FROM EL PASO 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 injury to a child
and sentenced to forty-five years’ imprisonment. The Eighth Court of Appeals affirmed his
conviction. Urias v. State, No. 08-12-00090-CR (Tex. App.—El Paso Mar. 26, 2014) (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.
After obtaining an affidavit from counsel and conducting a live evidentiary hearing, 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 Eighth Court of Appeals in Cause No. 08-12-00090-
CR that affirmed his conviction in Cause No. 20090D03338 from the 243rd District Court of El Paso
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: May 20, 2015
Do not publish