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TAPIA, JOSE AMBROSIO

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-96,741-02 & 96,741-03 EX PARTE JOSE AMBROSIO TAPIA, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 1064778-A & 1052493-A IN THE 339TH

DISTRICT COURT

HARRIS COUNTY

Per curiam. PARKER, J. filed a dissenting opinion, joined by YEARY, J.

O P I N I O N

Applicant was convicted in two cases of aggravated robbery and sentenced to life imprisonment. The First Court of Appeals affirmed his convictions. Tapia v. State, Nos. 01-06-00916-CR & 01-06-00917-CR (Tex. App.—Houston [1stDist] Jan. 15, 2008)(not designated for publication). Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to

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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. 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 judgments of the First Court of Appeals in cause numbers 01-06-00916-CR & 01-06-00917-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: June 4, 2026

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TAPIA, JOSE AMBROSIO
(Jun 4, 2026)