The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,371-02
EX PARTE CORY ROSS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W11-31175-Q(A) IN THE 204th DISTRICT COURT
FROM DALLAS COUNTY
Per curiam. YEARY, J. filed a dissenting opinion joined by S LAUGHTER, J.
SLAUGHTER, J. filed a dissenting opinion.
OPINION
Applicant was convicted of injury to a child and sentenced to forty years’ imprisonment. The
Fifth Court of Appeals affirmed his conviction. Ross v. State, No. 05-15-00351-CR (Tex.
App.—Dallas March 11, 2016)(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, among other things, 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 that Applicant would have timely filed a
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petition for discretionary review but for counsel’s deficient 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 Fifth Court of Appeals in cause number 05-15-00371-
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. Applicant’s remaining claims are
dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
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: September 20, 2023
Do not publish