Baum, Ex Parte William Lee

• Court: Court of Criminal Appeals of Texas
• Decided: October 31, 2012
• Docket: AP-76,905
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,905

EX PARTE WILLIAM LEE BAUM, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 3669 IN THE 100TH DISTRICT COURT FROM DONLEY 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 indecency with

a child and sentenced to ten years’ imprisonment. The Seventh Court of Appeals affirmed his

conviction. Baum v. State, No. 07-10-00166-CR (Tex. App.–Amarillo January 4, 2011).

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 2

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 Seventh Court of Appeals in Cause No. 07-10-00166-

CR that affirmed his conviction in Cause No. 3669 from the 100th District Court of Donley 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Delivered: October 31, 2012 Do not publish