IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-76,905
EX PARTE WILLIAM LEE BAUM, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 3669 IN THE 100TH DISTRICT COURT
FROM DONLEY COUNTY
Per curiam.
OPINION
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 a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with
a child and sentenced to ten years’ imprisonment. The Seventh Court of Appeals affirmed his
conviction. Baum v. State, No. 07-10-00166-CR (Tex. App.–Amarillo January 4, 2011).
Applicant contends 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
2
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 Seventh Court of Appeals in Cause No. 07-10-00166-
CR that affirmed his conviction in Cause No. 3669 from the 100th District Court of Donley 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.
Delivered: October 31, 2012
Do not publish
Baum, Ex Parte William Lee
Combined Opinion