IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,448-01
EX PARTE JAMES CARL SCHMIDT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2-15-29-A IN THE 382ND DISTRICT COURT
FROM ROCKWALL 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 assault of a public
servant and sentenced to eight years’ imprisonment. The Fifth Court of Appeals affirmed his
conviction. Schmidt v. State, No. 05-15-01240-CR (Tex. App.—Dallas Jul. 21, 2016) (not designated
for publication).
Applicant contends that he was deprived of his right to pursue discretionary review because
he was not timely notified of the appellate decision in this case.
2
The trial court has entered agreed 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 Fifth Court of Appeals in Cause No. 05-15-01240-CR
that affirmed his conviction in Cause No. 2-15-29 from the 382nd District Court of Rockwall 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: March 22, 2017
Do not publish