HAMMONS, GLENWOOD TYRON Appeal from 377th District Court of Victoria County (other per curiam)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-51,670-02 EX PARTE GLENWOOD TYRON HAMMONS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 14-05-27973-D-1 IN THE 377TH DISTRICT COURT FROM VICTORIA 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 possession of a controlled substance and sentenced to twenty-five years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Hammons v. State, No. 13-15-00419-CR (Tex. App.—Corpus Christi–Edinburg Jan. 19, 2017). Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed. 2 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. 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 Thirteenth Court of Appeals in Cause No. 13-1500419-CR that affirmed his conviction in Cause No. 14-05-27973-D-1 from the 377th District Court of Victoria 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 Delivered: August 23, 2017 Do not publish

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