NOBLETT, JEFFERY SEAN Appeal from 320th District Court of Potter County (other per curiam)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-87,594-01 EX PARTE JEFFERY SEAN NOBLETT, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 67623-01-D-WR IN THE 320th DISTRICT COURT FROM POTTER 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 aggravated kidnapping and sentenced to fifty years’ imprisonment. The Seventh Court of Appeals affirmed his conviction. Noblett v. State, No. 07-14-00412-CR (Tex. App.—Amarillo Sept. 30, 2015) (not designated for publication). Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his conviction had been affirmed and failed to advise of his 2 right to petition pro se for discretionary review. We remanded this 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 and a further review of the record, 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 and failed to advise of his right to petition for discretionary review pro se. 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 Seventh Court of Appeals in Cause No. 07-14-00412CR that affirmed his conviction in Cause No. 67,623-D from the 320th District Court of Potter 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 Delivered: May 16, 2018 Do not publish
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