Opinion

Tapia, Jose Ambrosio

Court
Court of Criminal Appeals of Texas
Filed
Jan 29, 2026
Status
Published
Nature of suit
11.07 HC
Cited by
0 cases
Authority
More cited than 38.4%

The opinion

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Do not publish

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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