Opinion
NO. WR-86,254-01
02-01-2017
EX PARTE MIGUEL ANGEL BACILIO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 0630576D IN THE CRIMINAL DISTRICT COURT NO. 1 FROM TARRANT 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 sexual assault of a child and sentenced to thirty years' imprisonment. The Eighth Court of Appeals affirmed his conviction. Bacilio v. State, No. 08-14-00096-CR (Tex. App.—El Paso Mar. 30, 2016).
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 Eighth Court of Appeals in Cause No. 08-14-00096-CR that affirmed his conviction in Cause No. 0630576D from the Criminal District Court No. 1 District Court of Tarrant 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: February 1, 2017
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