IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-64,596-03
EX PARTE RICHARD SCOTT CRAWFORD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2004-407,817-B IN THE 140TH DISTRICT COURT
FROM LUBBOCK 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
assault and sentenced to eight years’ imprisonment. The Seventh Court of Appeals affirmed his
conviction. Crawford v. State, No. 07-13-00108-CR (Tex. App.–Amarillo May 7, 2014)(not
designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel
failed to timely notify Applicant that his Motion for Rehearing had been denied by the Seventh Court
2
of Appeals.
The trial court has entered findings of fact and conclusions of law that Applicant was
improperly denied the opportunity to seek 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 Seventh Court of Appeals in Cause No. 07-13-00108-
CR that affirmed his conviction in Cause No. 2004-407,817 from the 140th District Court of Lubbock
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Do not publish