Tapia, Jose Ambrosio

Opinions

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,741-01

EX PARTE JOSE AMBROSIO TAPIA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1053651-A IN THE 339TH DISTRICT COURT HARRIS COUNTY

Per curiam. SCHENCK, P,J. filed a concurring opinion. PARKER, J., filed a dissenting opinion joined by YEARY and FINLEY, J.J.

OPINION

Applicant was convicted of aggravated robbery and sentenced to life

imprisonment. The First Court of Appeals affirmed his conviction. Tapia v. State,

No. 01-06-00915-CR (Tex. App.—Houston [1st Dist] Jan. 15, 2008)(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 2

CRIM. PROC. art. 11.07.

Applicant contends that appellate counsel failed to timely inform Applicant that

his conviction had been affirmed. Based on the record, the trial court has determined

that appellate counsel’s performance was deficient and he is entitled to relief.

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 First Court of Appeals

in cause number 01-06-00915-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Delivered: January 29, 2026 Do not publish