The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,710-01
EX PARTE FERNANDO RAFAEL FERREIRA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1374581-A IN THE 179TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated robbery and sentenced to thirty-five years’
imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Ferreira v. State, No. 14-
15-00767-CR (Tex. App.—Houston [14th] Dec. 30, 2016). 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 appellate counsel failed to advise him of his right to file a pro se
petition for discretionary review. Based on the record, the trial court has determined that appellate
counsel’s performance was deficient and that Applicant would have timely filed a petition for
discretionary review but for counsel’s deficient performance.
2
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 Fourteenth Court of Appeals in cause number
Fourteenth. 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 15, 2020
Do not publish