The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,886-01
EX PARTE TIMOTHY DECARLOS SIMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 27895 HC-1 IN THE 6TH DISTRICT COURT
FROM LAMAR COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated assault and sentenced to eighty years’ imprisonment.
The Sixth Court of Appeals affirmed his conviction. Sims v. State, No. 06-19-00016-CR (Tex.
App.—Texarkana Jul. 31, 2019) (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 CRIM . PROC . art. 11.07.
Applicant contends that appellate counsel failed to timely inform Applicant that his conviction
had been affirmed and 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
2
performance.
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 Sixth Court of Appeals in cause number 06-19-00016-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: February 24, 2021
Do not publish