EX PARTE SHONDRAILL ANTOINE MELLIX (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,025

EX PARTE SHONDRAILL ANTOINE MELLIX, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 970339 IN THE 208th 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 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 thirty-five years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Mellix v. State, No. 14-06-01097-CR (Tex. App.–Houston [14th Dist.], delivered August 7, 2007, no pet.).

            Applicant contends that his appellate counsel rendered ineffective assistance because counsel 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 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 Fourteenth Court of Appeals in Cause No. 14-06-01097-CR that affirmed his conviction in Case No. 970339 from the 208th 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: October 29, 2008

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