Caudill, Thomas

• Court: Court of Criminal Appeals of Texas
• Decided: March 29, 2023
• Docket: WR-94,621-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,621-01

EX PARTE THOMAS CAUDILL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2019-417382-A IN THE 137TH DISTRICT COURT FROM LUBBOCK COUNTY

Per curiam.

OPINION

Applicant entered an open plea of guilty to unlawful possession of a firearm by a felon, and

was sentenced to ninety-nine years’ imprisonment. The Seventh Court of Appeals affirmed his

conviction. Caudill v. State, No. 07-19-00331-CR (Tex. App. — Amarillo July 14, 2021) (not

designated for publication). Applicant filed this application for a writ of habeas corpus in the county

of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art.

11.07.

Applicant contends that he was denied his right to petition this Court for discretionary

review, because he was not timely notified that his conviction had been affirmed or advised of his

right to file a pro se petition for discretionary review. The record indicates that appellate counsel left the firm with which she was employed after the appellate briefs had been filed, but before the

court of appeals issued its opinion. Appellate counsel’s e-mail was not forwarded to her new place

of employment, and a new attorney was not assigned to the case. Based on the record, the trial court

has determined that Applicant would have timely filed a petition for discretionary review had he

been timely notified of the court of appeals’ decision and of his right to file a pro se petition for

discretionary review.

Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow,

180 S.W.3d 135 (Tex. Crim. App. 2005). Applicant may file an out-of-time petition for

discretionary review of the judgment of the Seventh Court of Appeals in cause number 07-19-00331-

CR. Should Applicant decide to file a petition for discretionary review, he must file it with this

Court within thirty days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: March 29, 2023 Do not publish