EX PARTE NICHOLAS VONERIC THOMAS (other)

OF TEXAS

NO. AP-76,274

EX PARTE NICHOLAS VONERIC THOMAS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1009588 IN THE 209TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

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 murder and sentenced to fifty years imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Thomas v. State, No. 14-07-00162-CR (Tex. App. Houston [14th Dist.] 2009, no pet.).

Applicant contends that his appellate counsel rendered ineffective assistance because he failed to timely notify Applicant that his conviction had been affirmed. Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court made findings of fact and concluded that appellate counsel rendered ineffective assistance. 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 Cause No. 14-07-00162-CR that affirmed his conviction in Case No. 1009588 from the 209th Judicial District Court of Harris County. Applicant shall file his petition for discretionary review with the Fourteenth Court of Appeals within 30 days of the date on which this Court s mandate issues.

Delivered: January 13, 2010

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