Richardson, Norris Damoan

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,431-01 EX PARTE NORRIS DAMOAN RICHARDSON, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W09-14741-V(A) IN THE 292ND DISTRICT COURT 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 robbery and sentenced to thirty-five years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Richardson v. State, No. 05-10-00439-CR (Tex. App.—Dallas Aug. 8, 2011) (not designated for publication). Applicant contends that his appellate 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 2 review. 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 his conviction had been affirmed and failed to advise him of his 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 number 05-10-00439- CR that affirmed his conviction in cause number F-0914741-V from the 292nd District Court 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 Delivered: February 3, 2016 Do not publish