Crawford, Richard Scott

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-64,596-03

EX PARTE RICHARD SCOTT CRAWFORD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2004-407,817-B IN THE 140TH DISTRICT COURT FROM LUBBOCK 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

assault and sentenced to eight years’ imprisonment. The Seventh Court of Appeals affirmed his

conviction. Crawford v. State, No. 07-13-00108-CR (Tex. App.–Amarillo May 7, 2014)(not

designated for publication).

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his Motion for Rehearing had been denied by the Seventh Court 2

of Appeals.

The trial court has entered findings of fact and conclusions of law that Applicant was

improperly denied the opportunity to seek 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 an out-of-time petition

for discretionary review of the judgment of the Seventh Court of Appeals in Cause No. 07-13-00108-

CR that affirmed his conviction in Cause No. 2004-407,817 from the 140th District Court of Lubbock

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Delivered: May 20, 2015 Do not publish