Opinion
NO. WR-86,036-01 NO. WR-86,036-02
12-14-2016
EX PARTE VINCENT EDWARD BROUSSARD, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1444909-A & 1447644-A IN THE 184TH DISTRICT COURT FROM HARRIS 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated robbery with a deadly weapon and sentenced to forty-five years' imprisonment in each count. The Fourteenth Court of Appeals affirmed his convictions. Broussard v. State, 14-15-00526-CR & 14-15-00527-CR (Tex. App.—Houston [14th Dist.] Apr. 5, 2016)(not designated for publication).
Applicant contends that his appellate counsel rendered ineffective assistance because counsel failed to timely notify Applicant that his convictions had been affirmed and failed to inform Applicant that he a right to file petitions for discretionary review.
Appellate counsel filed an affidavit with the trial court. The trial court has entered findings of fact and conclusions of law that appellate counsel failed to timely notify Applicant that his convictions had been affirmed and failed to provide Applicant notice of his right to file pro se petitions for discretionary review. 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 out-of-time petitions for discretionary review of the judgments of the Fourteenth Court of Appeals in Cause Nos.14-15-00526-CR & 14-15-00527-CR that affirmed his convictions in Cause Nos. 1444909 & 1447644 from the 184th District Court of Harris County. Applicant shall file his petitions for discretionary review with this Court within 30 days of the date on which this Court's mandate issues. Delivered: December 14, 2016
Do not publish