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Do not publish