IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,680-02
EX PARTE TERRIO LA JOE HOLIDAY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1383178-A IN THE 179TH DISTRICT COURT
FROM HARRIS 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 burglary of a
habitation and sentenced to sixty years’ imprisonment. The Fourteenth Court of Appeals affirmed
his conviction. Holiday v. State, No. 14-14-00467-CR (Tex. App.—Houston [14th Dist.] Mar. 12,
2015) (not designated for publication).
Applicant contends that appellate counsel rendered ineffective assistance because he failed
to advise him of his right to file a pro se petition for discretionary review. We remanded this
2
application to the trial court for findings of fact and conclusions of law.
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 advise
Applicant of his right to file a pro se petition for discretionary review. The trial court recommended
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 Fourteenth Court of Appeals in case number 14-14-
00467-CR that affirmed his conviction in 1383178 from the 179th District Court of Harris 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 29, 2017
Do not publish