EX PARTE JEFFREY SCOTT FIELDS (Other)

State: Texas

Docket No: AP-76,617

Case Date: 09/14/2011

Plaintiff: Alisia Consuelo Padilla

Defendant: The State of Texas--Appeal from 213th District Court of Tarrant County

Preview:EX PARTE JEFFREY SCOTT FIELDS (Other)
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IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-76,617
EX PARTE JEFFREY SCOTT FIELDS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-2004-904170-A IN THE 390TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam.
O P I N I O N
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court
transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim.
App. 1967). Applicant was convicted of aggravated assault and sentenced to life imprisonment. The Third Court of
Appeals affirmed his conviction. Fields v. State, 03-06-00106-CR (Tex. App.-Austin, March 12, 2009).
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Applicant contends, inter alia, that his appellate counsel rendered ineffective assistance because counsel failed to timely
notify Applicant that his conviction had been affirmed.
Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of
fact and conclusions of law that appellate counsel failed to timely notify Applicant that his conviction had been
affirmed. The trial court recommends that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997).
We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review
of the judgment of the Third Court of Appeals in Cause No. 03-06-00106-CR that affirmed his conviction in Case No.
D-1-DC-2004-904170 from the 309TH Judicial District Court of Travis County. Applicant shall file his petition for
discretionary review with this Court within 30 days of the date on which this Court's mandate issues.
Applicant's remaining claims are dismissed. Ex Parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
Delivered: September 14, 2011
Do not publish
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