FIFE, DAVID Appeal from 219th District Court of Collin County (other per curiam)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,170-01 EX PARTE DAVID FIFE, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W219-80169-2015-HC IN THE 219TH DISTRICT COURT FROM COLLIN 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 robbery and sentenced to seventy-five years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Fife v. State, No. 05-16-00094-CR (Tex. App.—Dallas May 31, 2017). 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 2 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 Fifth Court of Appeals in Cause No. 05-16-00094-CR that affirmed his conviction in Cause No. 219-80169-2015 from the 219th District Court of Dallas 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 Delivered: March 28, 2018 Do not publish

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